Strangulation and Domestic Violence: The Critical Need for a Forfeiture by Wrongdoing Rule in Montana
Document Type
Article
Publication Date
2026
First Page
51
Volume
87
Source Publication Abbreviation
Montana Law Review
Abstract
Strangulation is a frequent element of domestic violence, often accompanied by threats from the abuser to stop the victim from reporting abuse or cooperating with prosecution. These threats may occur before or after law enforcement becomes involved and are highly effective—about 80% of victims recant, refuse to testify, or fail to appear in court. This creates a challenge for prosecutors, as these cases often rely on victim testimony. Because the defendant, under the US Constitution, has a right to confront their accuser, these cases get dismissed. However, when a defendant’s own intimidation causes the victim’s absence, courts may consider allowing prosecution to proceed under the doctrine of forfeiture by wrongdoing. A legal doctrine designed to discourage witness tampering and intimidation. The adoption of this doctrine to strangulation cases remains unsettled. This article argues the doctrine should be adopted by Montana Courts in such cases.
Recommended Citation
Andrew King-Ries, Strangulation and Domestic Violence: The Critical Need for a Forfeiture by Wrongdoing Rule in Montana, 87 Mont. L. Rev. 51 (2026)