Strangulation: How 'Rough Sex' Defense Doesn't Wash in DV Cases
A new NJ law is a conversation opener for helping victims to better understand their rights and to finally grapple with the question of whether strangulation should ever be considered a matter of consent.
September 16, 2021 at 12:15 PM
9 minute read
Family Law
Last month, New Jersey Governor Phil Murphy signed into law a bill (A4588/S2503) elevating assault by strangulation of a domestic violence victim under N.J.S.A 2C:12-1b.(13) from a third degree crime to a second degree crime.
For survivors of intimate partner violence, this is a step forward in delivering protection and justice. However, there's clearly still more work to be done. Strangulation is one of the strongest predictors of a future domestic violence homicide, yet a disturbing legal loophole still persists around the crime: the so-called "rough sex defense."
New Jersey's new law is welcome, and it's also a conversation opener for helping victims to better understand their rights and to finally grapple with the question of whether strangulation should ever be considered a matter of consent.
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