By HEAL Staff Writer Jessica Martinez
Last month, the Nest’s Executive Director, Gwyn Kaitis, visited Santa Fe with her Leadership Lincoln class during the legislative session.
“We traveled to Santa Fe to learn about the State Capitol, to become familiar with the legislative process, and to meet people in various political roles,” Kaitis said. “We met with our State Representative Zach Cook. Supreme Court Justice Daniels showed us the Supreme Court building, along with its really awesome library, and then we got to meet with Governor Martinez.”
During the two and a half hour meeting, Kaitis had an opportunity to discuss Senate Bill 61, which proposed adding definitions of “suffocation” and “strangulation” to the Family Violence Protection Act, the Crimes Against Household Members Act, and the Abuse and Neglect Act and clarifying the crime of Aggravated Battery Against a Household Member may be committed by suffocation or strangulation.
Specifically, the language of the bill defines “strangulation” as the “unlawful touching or application of force to another person’s neck or throat with intent to injure that person and in a manner whereby great bodily harm or death can be inflicted, the result of which impedes the person’s normal breathing or blood circulation.”
Further, “suffocation” is thoroughly defined as “the unlawful touching or application of force that blocks the nose or mouth of another person with intent to injure that person and in a manner whereby great bodily harm or death can be inflicted, the result of which impedes the person’s normal breathing or blood circulation.”
Why is clarifying these terms important?
“Strangulation is a highly lethal means that abusers use to control. It literally tells the victim that her life is in the abuser’s hands. Very often the act of strangling a partner has been minimized as a misdemeanor crime (if it is charged at all) due to a lack of visible injury or marks,” explained Kaitis. “With strangulation, unconsciousness can occur within 10 seconds, brain death within 4 minutes. It takes approximately 4 pounds of pressure to block jugular veins, 11 pounds of pressure to block carotid arteries, and 33 pounds of pressure to block the trachea. Compare that amount of pressure with opening a can of soda which takes 20 pounds of pressure or shaking someone’s hand which takes around 80 pounds of pressure. Additionally, the victim is at risk of medical complications, such as stroke, as long as 6 months after the act.”
This is why the New Mexico Coalition Against Domestic Violence has been working so hard to get the crime classified as a felony in the State of New Mexico.
“The NMCADV has been trying to get a bill on strangulation passed for several years without success,” Kaitis said. “That is why we are so thrilled SB 61 passed the House and Senate unanimously this year. Then it was in the hands of the Governor. I was glad to have the opportunity to speak with her about the merits of the bill as she was considering it.”
The Governor signed the bill into law on February 14. (The full bill can be read at: xhttps://legiscan.com/NM/text/
“It is important that HEAL has a presence in Santa Fe to both support State Bills like SB 61 that will be of help to our clients and also to oppose any bills that would harm our clients. We must make our voice heard and the more people that stand in support or opposition of a bill do have an effect on legislators,” Kaitis explained. “Legislators do consider testimony before they take their vote. Other bills we were interested in included a bill on providing victims with confidential addresses in a way that helps to keep the location of their current residence from their abuser.”
Kaitis and the Leadership Lincoln Class also attended the Lincoln County Day evening event sponsored by the Ruidoso Valley Chamber of Commerce. The room was filled with community members from Lincoln County such as Ruidoso Mayor Pro Tem Lynn Crawford, Lincoln County Commissioner Dallas Draper, and Ruidoso Police Chief Darren Hooker.