Cruz bill to recognize strangulation as standalone crime

Benjamin J.F. Cruz

HAGÅTÑA, Guam—Recognizing that victims of domestic violence who experience strangulation as part of their abuse are 800 percent more likely to die at the hands of their attacker, vice speaker Benjamin J.F. Cruz has introduced Bill No. 373-33 (COR) to make strangulation a third degree felony under Guam law.

The vice speaker, who is presently attending the 2016 Domestic Violence Conference hosted by the Pacific Judicial Council, recently participated in a discussion led by the vice president of the National Institute of Crime Prevention, Rodney Reder. During Reder’s presentation, Cruz learned that non-fatal strangulation, though a strong indicator of increased homicide, is often ignored in domestic violence cases.

“I was shocked to learn that, in spite of the staggering statistics, there is currently no specific statutory provision on strangulation under Guam law,” said Cruz, who introduced the measure this morning. “If our laws don’t recognize strangulation as a separate criminal offense, how can we expect our police officers and first responders to?”

Under local law, choking—the internal obstruction of the airway—is considered physical abuse. However, Cruz notes that, while strangulation and choking are similar, they are not statutorily the same. As a result, Cruz’s measure adds language to specifically define strangulation as “knowingly or intentionally impeding the normal breathing or circulation of the blood by applying pressure to the throat or neck or by blocking the nose or mouth.”

Under Bill No. 373-33 (COR), any person who commits strangulation may face up to five years’ imprisonment.

Moreover, Cruz’s measure updates Guam’s family violence statutes by adding strangulation as an act of violence against family or household members, ensuring that the form of domestic violence is given the serious treatment its statistics demand.

According to the National Family Justice Center Alliance, nearly 40 percent of victims report loss of consciousness within seconds of strangulation. Though visible evidence of injury is not common, strangulation often leaves devastating consequences, such as internal bleeding, artery damage, amnesia, loss of memory, and the risk of blood clots in the brain.

“Thirty-eight states across the country have recognized that 20th century laws must be updated to address 21st century evidence. That is what this bill does,” said Cruz. “If you are a victim of domestic violence, if your partner or spouse has strangled you in the past, please reach out for help. Your life is in danger, and I introduced Bill No. 373 to recognize that fact.”

Absent the passage of Bill No. 373-33 (COR), acts of strangulation will continue be treated as a violation of Guam’s family violence and assault laws, carrying no additional penalty or consequence.