N.Y. Bill Would Make Strangulation, Suffocation Violent Crimes

By Cara Matthews
Albany Bureau, March 16, 2010, 10:30 pm

ALBANY -- Applying 11 pounds of pressure around someone's neck for 10 seconds can render a person unconscious, but in many cases in New York, choking or strangulating someone is not considered a crime, experts in law enforcement and domestic violence said Tuesday.

A bill supported by women's groups, the state District Attorneys Association and others would make intentional choking and suffocation into unconsciousness a violent felony. Abusers who choked or suffocated victims without causing unconsciousness or physical injury would face a lower-level felony charge.

"Very simply, somewhat remarkably and perhaps disgracefully, in New York right now, strangulation to the point of rendering someone unconscious is not treated as an assault. This bill would correct that fundamental error," Sen. Eric Schneiderman, D-Manhattan, said Tuesday.

Schneiderman is the lead sponsor of the legislation in his house. A similar bill is working its way through the Assembly.

A domestic-violence conviction that led to the expulsion of Queens Sen. Hiram Monserrate and an alleged domestic-violence case involving a member of the governor's staff appear to have given momentum to the strangulation legislation and other bills.

Last month, the Senate voted to remove Monserrate from the chamber. He had been convicted of misdemeanor assault on his girlfriend and lawmakers voted to expel him following a Senate committee investigation into his behavior.

An independent counsel for Attorney General Andrew Cuomo's office is probing potential interference by the governor's administration and State Police into an alleged domestic-violence incident involving a top gubernatorial aide. The governor spoke to the woman a day before a court appearance last month on obtaining an order of protection. She failed to show up in court and the case was dropped.

Schneiderman said the strangulation bill has been a priority of advocates for years, but the work senators did in delving into Monserrate's situation personalized domestic-violence issues.

"Sometimes you have to have something that brings it closer to home, and I hope that we will take advantage of the increased attention of the members of the Legislature to domestic-violence issues this year," said Schneiderman, who headed the Senate's investigation into Monserrate's case.

Schneiderman is also introducing a bill that would require the immediate surrender of firearms by a person against whom a temporary order of protection is issued in cases not currently covered by law. Another bill would authorize new penalties for interfering with an order of protection and expand the scope of witness-tampering crimes.

The Assembly on Tuesday announced passage of about a dozen bills addressing domestic-violence issues, including authorizing the state to accept mail for victims to protect their identity; prohibiting workplace discrimination against victims; and requiring judges to ask if a defendant has a firearm when an order of protection is sought against that person.

Up to 68 percent of women report at least one incident of strangulation within their abusive relationship, said Michele McKeon, CEO of the state Coalition Against Domestic Violence.

A batterer can make a woman fear for her life, but if all he does is leave fingerprints on her neck, he can be charged only with harassment under current law, said Kathleen Hogan, president of the District Attorneys Association. The maximum penalty for harassment, a violation, is 15 days in jail, she said.

"Imagine that woman's perspective on what the criminal-justice system is offering for her," Hogan said.

Orchid Ghebryal of Manhattan recounted being verbally and physically abused by her ex-husband. In one instance, he choked her into unconsciousness. She woke up in a hospital. Her abuser was charged with a misdemeanor, but the charges were dropped and the domestic violence continued, she said.

"It's so important for me, it is so important for every human being, to not go through that again," said Ghebryal, who is from Egypt.