Mahoning Co. woman says she's a strangulation victim who feared for her life, Ohio clarifies felony laws
Strangulation is now a felony in Ohio and has been since 2023, but applying that law isn't always straightforward.
The Ohio Supreme Court has released new guidance on the laws to clear up any potential confusion.
One Mahoning County woman choosing to stay anonymous said she's a victim of strangulation and lives with the trauma.
"The abuse was so severe that I thought I was going to die," she said, "I felt hopeless and helpless."
The Ohio Supreme Court's guidance clarifies how the state's felony strangulation law should be interpreted and applied by courts, highlighting that the degree of felony depends on the relationship between a perpetrator and victim.
"If that person is in a relationship [with the perpetrator], if that person [victim] is a pregnant woman, if that person lives in the household, it elevates to the third-degree felony from the fifth," County Judge and Attorney Joe Schiavoni said.
Schiavoni said that matters since a third-degree felony carries up to five years in jail, and a fifth-degree carries up to one, making clarity crucial since evidence can be complex.
For example, if someone is oxygen-deprived, they may not fully recall the situation, and injuries can appear later.
"That's another factor that's difficult to overcome in proving this charge," he added.
Enforcement could potentially fall through the cracks if not appropriately charged, leaving victims vulnerable and abusers without appropriate consequences.
"It is really important that when people are reporting injury alongside any kind of interpersonal violence, that they are also reporting and being asked about strangulation is it's something that doesn't necessarily show up immediately," COMPASS Victim Advocate Jennifer Gray said, "When you are strangled, you are 10 times more likely to die by the hand of that perpetrator in an instance of interpersonal violence."