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Our opinion: Strangulation legislation should be approved

2 min read

A woman's 2022 strangulation in Philadelphia by a stranger is the inspiration for legislation that, in our opinion, should be approved by the state Legislature this year.

Rep. Donna Scheuren has introduced a package of bills (HB 2517, HB 2518 and HB 2519) that would apply to the way strangulation cases are handled. The most significant change comes in HB 2517, which would change the grading of stranger-on-stranger strangulation, increasing the severity of the offense from a second-degree misdemeanor to a third-degree felony in cases where the victim and defendant had no prior relationship. Scheuren cited a study published by the National Library of Medicine that showed prior instances of non-fatal strangulation were associated with greater than six-fold odds of becoming an attempted homicide and over seven-fold odds of becoming a completed homicide. Passing Scheuren’s bill would essentially increase the penalty in such cases from up to two years in jail and a $5,000 fine, as well as alternative sentencing, to up to seven years in prison and a maximum fine of $15,000, with sentences determined using the state’s sentencing guidelines.

Scheuren also proposes in HB 2518 to change bail considerations for strangulation upon recommendations by the Pennsylvania Coalition Against Domestic Violence and the Pennsylvania Coalition to Advance Respect by requiring magisterial district judges to consider the fact that strangulation is a strong predictor of future violence and lethality when determining bail conditions.

"Strangulation is, unquestionably, one of the most lethal forms of violence that can be perpetrated against another human being. The brazen act of strangling another individual in a public setting is just as violent and life-threatening as an abuser strangling his or her spouse in a domestic setting. Moreover, numerous studies have found that non-fatal strangulation is a 'significant predictor for future lethal violence' against women," Scheuren wrote in her co-sponsorship memorandum.

State law already makes strangulation a second-degree felony if the act is committed against a family or household member or a caretaker against a care-dependent person. One can argue the act is even more egregious when committed against a stranger, but that's not the way strangulation is viewed in the eyes of the law. The act is the same whether it is committed against a stranger or a family member. The severity of the act in the eyes of the law should also be the same, in our view.

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