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horace mann school's publication for gender issues

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<strong>horace</strong> international domestic <strong>mann</strong> arts<br />

strangulation by Alex Perry<br />

Simply put, under normal circumstances,<br />

causing another person physical harm is not<br />

only unethical, but also punishable by law.<br />

Specific criteria exist to determine whether<br />

a person’s conduct is legal. For example,<br />

the law defines assault as an intentional<br />

threat to cause bodily injury to another by<br />

<strong>for</strong>ce under circumstances that cause the<br />

other person to have well-founded fear of<br />

imminent peril. An important distinction<br />

that must be made when referring to<br />

assault is the existence of contact. A charge<br />

of assault can be made even if the threat<br />

of harm is not completed. To put this<br />

jean mariano<br />

definition in perspective, a person that<br />

pulls out a fake gun that looks real may be<br />

liable <strong>for</strong> assault, even though there was<br />

never any intention of a shot being fired.<br />

The threat is what constitutes assault, not<br />

the actual fulfillment of the threat. The<br />

legal definition of battery is the intentional<br />

touching of a person against that person’s<br />

will; whether injury occurs as a result is not<br />

pertinent. An extreme example of battery<br />

can be a situation in which somebody spits<br />

on another person. Even though this is in<br />

no way life threatening, a charge of a battery<br />

has still been committed. While keeping<br />

these definitions of illegal actions in mind,<br />

it should be very surprising to anybody that<br />

it was not until recently that the intentional<br />

strangling of a person was determined<br />

to be illegal in the state of New York. On<br />

June 7 th , 2010, New York State passed the<br />

anti-strangulation bill, sponsored by State<br />

Senator Eric Schneiderman and Assembly<br />

members Joseph Lenton and Helene<br />

Weinstein.<br />

Strangulation is an action that can be<br />

considered somewhat common in domestic<br />

violence and sex crime cases. The original<br />

reasoning <strong>for</strong> the lack of punishment<br />

after strangulation is that this act does<br />

not always leave visible signs of injury. In<br />

reality, the lack of physical signs should be<br />

disregarded when considering whether or<br />

not strangulation is an illegal act. Strangling<br />

can be more dangerous than punching, and<br />

death by strangulation can occur in only<br />

a few minutes. The anti-strangulation bill<br />

urged the state of New York to make this<br />

“terrifying and life-threatening” abuse<br />

illicit and put the perpetrator under the<br />

jurisdiction of the law.<br />

The way the law handles (or does not<br />

handle) strangling has had a negative effect<br />

on adolescents. It has become increasingly<br />

aware to doctors that teenagers are playing<br />

a very dangerous game that involves<br />

choking themselves almost to the point<br />

of unconsciousness in an attempt to get<br />

high. A recent article published in the<br />

New York Times focused on a 16 year old<br />

that had killed himself using a homemade<br />

noose trying to play this game. Although<br />

obviously not the only way to play, there<br />

have been instances of participants choking<br />

each other as a method to play this absurd<br />

game. Videos showing how to play this<br />

game have shown up on Myspace; some are<br />

considered “instructional” videos, while<br />

others are just examples of kids playing this<br />

game. The teenagers playing this game are<br />

obviously not taking the risks associated<br />

with it seriously enough, although it seems<br />

as though the law is not either. If the law<br />

does not determine the strangling of a<br />

person a crime, why should these people<br />

view their game as more dangerous than<br />

engaging in illicit drug use<br />

9

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