Factors Associated With Legal Decisions of Nonfatal Strangulation Cases With Forensic Evidence

• Published date: 01 December 2024
• DOI: http://doi.org/10.1177/08874034241276849
• Author: Amy Reckdenwald,Alec Szalewski,Chelsea L. Mandes,Ciara Peebles
• Date: 01 December 2024

https://doi.org/10.1177/08874034241276849

Criminal Justice Policy Review

2024, Vol. 35(5-6) 273 –294

© The Author(s) 2024

Article reuse guidelines:

sagepub.com/journals-permissions

DOI: 10.1177/08874034241276849

journals.sagepub.com/home/cjp

Article

Factors Associated With

Legal Decisions of Nonfatal

Strangulation Cases With

Forensic Evidence

Amy Reckdenwald1, Alec Szalewski2,

Chelsea L. Mandes1, and Ciara Peebles3

Abstract

This study examines the influence of offender, victim, and case characteristics along

with available forensic evidence on legal outcomes of nonfatal strangulation (NFS)

cases. Research points to the importance of NFS forensic evidence collection to

corroborate the attack during legal proceedings. However, little is known regarding

the factors associated with legal decisions for NFS cases with forensic evidence. Law

enforcement reports, forensic medical examinations, and legal outcomes for 63 NFS

cases in Florida were analyzed. Findings have implications for the criminal justice

system, as forensic medical exams can be used to collect valuable evidence to support

prosecution outcomes.

Keywords

intimate partner violence, domestic violence, forensic medical examinations, prosecution

Introduction

Violence committed against those in domestic and intimate relationships is a common

issue that can bring about a host of health consequences (Bhole et al., 2014). Domestic

violence (DV) includes any combination of physical, psychological, sexual, and

1University of Central Florida, Orlando, USA

2High Point University, NC, USA

3University of Georgia, Athens, USA

Corresponding Author:

Amy Reckdenwald, Associate Professor, Violence Against Women Cluster, Department of Sociology,

University of Central Florida, 4000 Central Florida Boulevard, Howard Phillips Hall, 406-G, Orlando,

FL 32816-1360, USA.

Email: Amy.Reckdenwald@ucf.edu

1276849CJPXXX10.1177/08874034241276849Criminal Justice Policy ReviewReckdenwald et al.

research-article2024

274Criminal Justice Policy Review 35(5-6)

coercive behaviors (Huecker et al., 2023). DV may be completed, attempted, or threat-

ened and may be perpetrated by a current or former partner, those who share children,

or those currently or formerly cohabitating (Federal Bureau of Investigation [FBI],

2017). Within this context, nonfatal strangulation (NFS) is a major area of concern due

to the potential for increased long-term injury and future lethality (De Boos, 2019;

Glass et al., 2008; Jacob et al., 2020; Mcquown et al., 2016).

NFS is the purposeful restriction of air or blood to a person’s head by means of

outer physical compression of the neck or upper chest area, completed manually or

with the aid of a ligature or other object (Bendlin & Sheridan, 2019; Pritchard et al.,

2017; Sauvageau & Boghossian, 2010). Strangulation, as a modality of violence, is

frequently reported by intimate partner violence (IPV) victims and commonly experi-

enced multiple times by an abusive partner (Messing et al., 2018; Wilbur et al., 2001).

As high as 68% of women who have experienced IPV report experiences with NFS

(Messing et al., 2018; Wilbur et al., 2001). In addition, Messing et al. (2018) found an

additional 12% of women in their sample experienced attempted strangulation.

Signs and symptoms of NFS victimization may include dizziness, abrasions, neck

pain, petechiae, sore throat, skin markings, scratches, loss of consciousness, head-

aches, and difficulty breathing (De Boos, 2019; Hawley et al., 2001; Smith et al.,

2001; Wilbur et al., 2001). In addition, psychological consequences of NFS victim-

ization may include posttraumatic stress disorder (PTSD), nightmares, anxiety, sleep

issues, substance use issues, suicidal ideation, and depression (De Boos, 2019;

Smith et al., 2001; Wilbur et al., 2001). Strokes, brain injury, and delayed death are

also possible (Clarot et al., 2005; Funk & Schuppel, 2003; Monahan et al., 2020).

Smith et al. (2001) found that symptoms and injuries of NFS increased with the

number of NFS attacks experienced. Furthermore, NFS is a significant risk factor for

intimate partner homicide (Glass et al., 2008). Glass et al. (2008) found that when a

victim experienced NFS by an intimate partner, the chance of being killed in the

future by their partner was more than 7 times higher than if they had never experi-

enced NFS.

Legal outcomes of DV incidents are complicated by a multitude of factors (Bechtel

et al., 2012; Epstein & Goodman, 2019; Lippman, 2013; Maalouf, 2017), with the

presence of NFS furthering hindering prosecution efforts (Reckdenwald et al., 2020;

Strack et al., 2001). This is additionally problematic as NFS is a more common tactic

used by perpetrators than originally thought to display power and control over their

victims (Pritchard et al., 2017; Taliaferro et al., 2001; Thomas et al., 2014). Prosecution

of NFS is complicated, in part, by the often invisible, delayed, or apparently minor

presentation of physical injuries (De Boos, 2019; Hawley et al., 2001; Smith et al.,

2001). Even in death, strangulation injuries may only present in the following days

(Hawley et al., 2001). In addition, many NFS victims do not seek immediate medical

attention, may avoid accessing health care altogether, and may not even recognize a

health issue has been experienced (Mcquown et al., 2016; Patch et al., 2018; Smith

et al., 2001).

Victim cooperation, a significant predictor of conviction, often complicates suc-

cessful prosecution outcomes for DV cases as victims are often reluctant to cooperate