Choking vs. Strangulation: Why verbiage matters in domestic violence cases.
by Kelly M. Glenn
Strangulation is a significant factor when determining the lethality risk in a domestic violence relationship. Victims often refer to it as “choking,” however, the two terms are not synonymous.
Choking occurs internally when something gets lodged inside of the throat, blocking the airway.
Strangulation occurs externally when pressure to or on the throat impedes breathing and/or the circulation of blood.
The two are often interchanged by the layperson, especially when speaking of holds: chokeholds vs. strangleholds. In general, people are accustomed to hearing strangleholds referred to as chokeholds, whether it’s being used to describe a self-defense move, an increasingly unpopular law enforcement maneuver, or an act of violence committed by one person against another.
In recent years, medical professionals and strangulation experts have sought to clarify the difference between the two, especially when used in reference to acts of domestic violence. When a victim incorrectly identifies strangulation as choking, it’s one thing, but when a law enforcement officer or prosecutor gets it wrong, it could be to the advantage of the abuser whose attorney may use the incorrect wording to discredit witnesses on the stand in court.
The term choking, when used correctly, often refers to an accidental act, such as when someone inhales something too quickly, swallows food without adequately chewing it, or let’s drink go “down the wrong pipe.” A good defense attorney may use the accurate definition of choking to confuse a witness, make a law enforcement officer look incompetent, or trip up the jury.
Imagine the following aggressive questioning of a law enforcement officer by a defense attorney:
Defense Attorney: So, your report says that my client choked his ex-wife with both of his hands. Is that true?
Law Enforcement Officer: Yes, that’s correct.
Defense Attorney: So, my client had both of his hands down the throat of his ex-wife? How is that possible?
Law Enforcement Officer: No, that’s not what I meant…
Defense Attorney: Well, what did you mean? Do you even know?
Law Enforcement Officer: I mean that he strangled her by wrapping his hands around her throat.
Defense Attorney: But your report says “choked.” Which is it, and why don’t you seem to know the difference?
Even if the law enforcement officer attempts to explain what he or she meant or even that he or she was quoting what the victim said, it can still do just enough damage to unnerve the law enforcement officer while testifying or to cast doubt in the eyes of the jury.
Law enforcement officers and prosecutors are held to a high standard in court and must be up to date and accurate with terminology in domestic violence cases. Victims must also be educated about terminology, as it leads to more accurate verbal statements, written reports, and testimony.
The following is a list of proper ways to use strangulation when referring to domestic violence:
- Strangulation (noun): She was a victim of strangulation.
- Strangle (verb): She feared he was going to strangle her.
- Strangled (verb): He strangled her.
- Stranglehold (noun): He placed her in a stranglehold.
Suggested Citation for this Article
Glenn, K.M., Criminal Justice Know How, LLC, October 2020, Choking vs. Strangulation: Why verbiage matters in domestic violence cases, https://criminaljusticeknowhow.com/choking-vs-strangulation-why-verbiage-matters-in-domestic-violence-cases/
