Florida's Strangulation Cases: Disturbing Trends and New Hope Card

DeSoto County, Florida - In recent times, the issue of domestic violence, particularly regarding strangulation, has emerged as a pressing concern in Florida. An investigation by the Sarasota Herald-Tribune sheds light on the troubling landscape of prosecutorial practices in domestic battery cases involving strangulation. What’s more alarming is that the 12th Judicial Circuit’s State Attorney’s Office has opted not to prosecute a striking number of these cases. According to the report, only 16% of 440 examined cases resulted in charges being filed, while a staggering 84% were either declined or reduced (Herald-Tribune).

The implications of this situation cannot be understated. Experts warn that strangulation is a serious red flag, often indicating an increased risk of homicide. Surprisingly, Florida laws regarding strangulation complicate prosecution when compared to other states. The lack of comprehensive training for law enforcement officers on handling strangulation cases exacerbates the issue. Many officers only receive minimal training through a brief, state-mandated domestic violence course. This means a crucial aspect of identifying potential life-threatening behaviors goes unnoticed in many instances.

The Gaps in the System

Victims often find themselves in a precarious position. Disturbingly, the investigation revealed that 20% of victims felt their lives were threatened during strangulation incidents, yet charges were declined in 61% of those situations. Furthermore, strangulation is classified as a third-degree felony in Florida, punishable by up to five years in prison. However, many offenders receive lighter sentences, and repeat offenders often see multiple strangulation charges declined (Muscala Law). This leniency highlights the pressing need for reform in the legal approach to domestic violence, especially strangulation.

Legal definitions play a key role here. Under Florida Statute 784.041, domestic battery by strangulation involves intentionally impeding a family member’s or dating partner’s normal breathing or blood circulation. It’s a serious felony, yet many victims do not see justice served. The legal process itself can serve as a daunting hurdle. Arrests often stem from either the victim or a witness contacting law enforcement; however, the subsequent steps from booking to trial can be complex and intimidating for victims seeking accountability.

Potential for Change

Florida has made strides to protect victims through laws that cover various forms of abuse, including the provision of the Hope Card. This card allows individuals with restraining orders to easily present evidence of their injunction to law enforcement. Yet, much more needs to be done to address the gaps in training and prosecution that put victims at risk. The lack of a standardized protocol for handling strangulation cases significantly contributes to the low prosecution rates (Legal Clarity).

The status quo leaves many victims feeling vulnerable and unsupported. Changes to Florida’s strangulation statute are necessary to facilitate prosecution processes and enhance protections for victims. As the community grapples with these pressing issues, it’s time for lawmakers to take a hard look at the current systems and implement necessary reforms that can truly safeguard those affected by domestic violence.