Life Insurance: Choking Hazards And Policy Risks

Does your life insurance provider need to know that you enjoy being strangled during sex? This question has been posed by several people on Twitter, and it is an important one to address. Strangulation is one of the most lethal forms of domestic violence, and it can lead to death within minutes. Even if there are no immediate symptoms, it can cause death weeks later due to internal injuries. Therefore, it is crucial to understand the risks associated with this sexual preference and how it might impact your life insurance coverage.

Strangulation is a form of physical abuse

Strangulation is a particularly serious form of physical abuse, as it can lead to brain damage or death within minutes. It is defined as the obstruction of blood vessels and/or airways by applying external pressure to the neck, resulting in decreased oxygen supply to the brain. Even with consent, strangulation is an offence if the victim suffers serious harm or if the strangler was reckless in their actions.

The Domestic Abuse Act 2021 introduced specific offences for non-fatal strangulation and non-fatal suffocation. Common methods of non-fatal strangulation include manual strangulation (using one or two hands), chokeholds or headlocks, ligature strangulation (using scarves or belts), and applying pressure to the neck with a foot or knee.

Strangulation is often used as a means to gain control over another person, and it can have devastating psychological effects on the victim. It is an ultimate form of power and control, where the abuser can demonstrate their dominance over the victim's ability to breathe.

The signs of strangulation may not always be visible, as many victims may not show external injuries. However, some possible signs include redness, scratches, fingernail impressions, deep fingernail claw marks, ligature marks, thumbprint-shaped bruises, blood-red eyes, and pinpoint red spots called "petechiae" or blue fingernails. It is crucial to seek medical support and report any suspected cases of strangulation to prevent further harm and provide support to those affected.

The dangers of strangulation

Strangulation is a very serious and dangerous form of abuse. It is important to be aware of its dangers so that you can make a plan to keep yourself safe.

Strangulation occurs when someone blocks a person's breathing by putting pressure on their neck or chest, or their upper torso. This can be done by wrapping something around the neck, such as a scarf, necklace, belt, or rope, or by using hands to cut off the airway. It is an extreme form of coercion and control, and can be accompanied by verbal threats to kill the victim.

Strangulation is one of the most lethal forms of domestic violence. Unconsciousness can occur within seconds, and death within minutes. Even if someone seems to be fine after being strangled, they can die weeks later due to a lack of oxygen and other internal injuries. It is possible to show no outward symptoms of strangulation but still suffer serious physical injuries, including internal damage to arteries and veins, the neck and throat, and the brain. Brain injuries can range from mild to severe and can affect long-term memory. Other symptoms of strangulation include difficulty swallowing, bruising on the neck or behind the ears, changes in mood or personality, and changes in vision.

Strangulation is a significant predictor of future lethal violence. If your partner has strangled you in the past, your risk of being killed by them is 10 times higher. It is a common tactic in intimate partner violence and is linked to significant psychological distress in survivors, including post-traumatic stress disorder (PTSD), depression, and dissociation symptoms, as well as suicidality.

If you or someone you know has experienced strangulation, even for just a few seconds, it is important to go to a hospital emergency room right away and ask for a CTA exam. You may feel fine, but it is very important to see a doctor as you are at risk of serious health consequences that can last days, weeks, or even months.

The signs of strangulation

Strangulation is a serious act of violence and one of the most lethal forms of domestic and sexual violence. It is important to know the signs and symptoms of strangulation, as acts of strangulation should not go unreported. A person who commits the act can be charged with Aggravated Assault.

Power and control are underlying factors in this violent act, and the attacker may use strangulation to demonstrate control. Victims suffer great physical and psychological harm and may feel terror and pain. Victims usually resist the violence, which may lead to additional injuries and unconsciousness.

Strangulation frequently results in the loss of consciousness due to a blocked airway, carotid artery, or jugular vein. Brain death will occur if strangulation continues for four to five minutes. However, consciousness may be regained if pressure is released within ten seconds.

• Difficulty breathing, speaking, or swallowing
• Nausea
• Vomiting blood
• Light-headedness
• Headache
• Involuntary urination or defecation
• Neck pain
• Neck lesions
• Vision changes
• Bloodshot eyes
• Slurred speech
• Raspy or otherwise changed voice
• Swollen tongue
• Ear pain
• Facial or eyelid droop
• Left or right-side weakness
• Loss of sensation
• Loss of memory
• Paralysis
• Miscarriage (in pregnant victims)

If someone displays any of these symptoms and you suspect they have been strangled, call the police or go to the nearest hospital Emergency Room for assistance. Documenting the evidence of strangulation will help establish physical evidence, determine the severity of the injuries caused by the assault, and increase the victim's credibility.

The claim process after a strangulation murder

If you are a victim of strangulation, it is important to seek medical attention as soon as possible, even if you do not believe you have suffered any injuries. This is because serious consequences such as delayed stroke or cardiac arrest can occur mere seconds after being strangled. It is also important to reach out to a trained domestic violence advocate and, if you are ready to do so, file for an order of protection to prevent your partner from coming near you, contacting you, or threatening you. Remember that stranglers are more likely to kill their victims than other types of abusers and often become stalkers after victims leave.

In terms of the legal process, a charge of strangulation will accompany a charge of domestic assault and battery. This is considered a felony offense and carries enhanced penalties due to the serious and violent nature of the incident. The specific penalties will depend on the jurisdiction and the specifics of the case, but they can include up to five years in state prison or two and a half years in the house of corrections for a first offense. For a second offense, if the strangulation results in serious injuries, if it is charged in violation of an active restraining order, or if the victim is pregnant, the defendant can face up to ten years in state prison or two and a half years in the house of correction.

During the legal process, the defense lawyer may argue that the assault and battery occurred but it was not a strangulation, or that the victim fabricated the allegations. It is important to have a skilled and experienced attorney on your side who can help you navigate the legal process and protect your rights.

The legal repercussions of strangulation

The Domestic Abuse Act 2021

The Domestic Abuse Act 2021 introduced significant changes to the legal repercussions of strangulation in England and Wales by amending the Serious Crime Act 2015. This Act created a new and specific criminal offense of non-fatal strangulation and suffocation, applicable to all cases, not just those involving domestic abuse.

Offense and Sentencing

According to the Act, a person commits the offense of non-fatal strangulation if they intentionally strangle another person. Non-fatal suffocation occurs when a person does any other act that affects someone's ability to breathe and constitutes battery. The legislation does not provide a definition of 'strangulation' or 'strangle', but it is generally understood as the obstruction or compression of blood vessels and/or airways by external pressure to the neck, impeding normal breathing or circulation of the blood.

The maximum penalty for non-fatal strangulation or suffocation on summary conviction in a magistrates' court is 12 months' imprisonment and/or an unlimited fine. On conviction on indictment in the Crown Court, the maximum penalty is 5 years' imprisonment. This is the same maximum penalty as actual bodily harm (ABH) but with different evidential requirements, making it easier to prosecute such cases.

Defenses and Aggravating Factors

The Act also includes a defense for the accused, where they can argue that the victim consented to being strangled or to any other act that affected their ability to breathe. However, this defense does not apply if the victim suffers serious harm, and the perpetrator intended to cause that harm or was reckless about causing harm, regardless of the victim's consent.

Additionally, if there are aggravating factors such as racial or religious motivations, the maximum penalty on summary conviction is increased to 12 months' imprisonment and/or a fine, while on conviction on indictment, it is increased to 7 years' imprisonment and/or a fine.

Prosecution Considerations

Prosecutors are advised to carefully consider the evidence and charge non-fatal strangulation or suffocation where appropriate, reflecting the seriousness of the offense and providing better protection for victims and their families from repeat offending. They are also encouraged to take an 'offender-centric' approach, examining the behavior of the defendant before, during, and after the alleged offense, and exploring additional lines of inquiry such as digital evidence, CCTV footage, and witness statements.

Impact and Challenges

The introduction of these specific offenses is expected to have a significant impact on the prosecution of violent abusers, particularly in cases of domestic abuse, where strangulation and suffocation are common but often left few physical marks. This change in legislation addresses the challenges in prosecuting such cases, where the lack of visible injuries previously made it difficult to pursue charges effectively.

Frequently asked questions