2011

Oregon Women's Health

and Wellness Alliance
Enhancing the Crime of Strangulation HB 2940
Summary: This bill increases the penalty for the crime of strangulation to Crime
Category 4 or, if defendant has previous convictions, to Crime Category 8. The
maximum penalty will be five years imprisonment, $125,000 fine, or both.

Background: Strangulation is a very serious crime that is most commonly seen in

domestic partner violence and sexual assault cases. Experts believe that strangulation is
one of the strongest indicators that violence in the home is escalating to a potentially
fatal level. However, despite the severity of the crime, it is currently only a misdemeanor
offense in Oregon.

Fact: Strangulation can lead to unconsciousness in ten to sixty seconds and death in a
matter of minutes; the new criminal classification will reflect the seriousness of this
crime.

Fact: Because strangulation indicates an escalation of domestic violence situations,

providing stronger penalties can provide an opportunity for a victim to get to a safe
place while the offender is in the custody of law enforcement.

Sexual Assault Protection Orders (SAPO) HB 2942

Summary: This bill will create a sexual assault protection order (SAPO) for persons
who have been subjected to non-consensual sexual conduct, regardless of whether the
conduct is reported to law enforcement.

Who: Victims of non-consensual sexual conduct.

Background: Most victims of sexual assault in Oregon will never report to law
enforcement. Even when sexual assault crimes are reported, often criminal charges
cannot be filed. As a result, the vast majority of victims of sex crimes in Oregon have no
legal protection. Current Oregon law recognizes the need for civil protection orders in
addition to criminal and other civil remedies for victims of domestic violence and
stalking. However, victims of sexual assault perpetrated by someone other than an
intimate partner or stalker currently do not qualify for a civil protection order.
Fact: 1 in 6 Oregon women and 1 in 33 Oregon men will be victims of sexual violence
at some point in their lives.

Fact: 17 states currently have some form of a SAPO.

Fact: This bill contemplates a procedure well known in Oregon, as it follows

procedure currently in place for obtaining a family abuse protection act (FAPA)
order.

Questions? Comments? Please contact Kris Skaro at rep.saragelser@state.or.us