'A beacon of hope': Newly signed bill moves the needle on helping victims of domestic violence

Advocates for victims of domestic abuse say the state has taken a big step forward with passage of Senate Bill 1835, the Oklahoma Survivors' Act.

The new law requires judges to add domestic violence to the list of mitigating factors that are often considered in criminal trials, possibly making a defendant eligible for lighter sentencing. Physical, sexual and psychological abuse were already included on the list.

Gov. Kevin Stitt signed the bill into law recently after he previously had vetoed another bill, House Bill 1470, which he said addressed the issue too broadly. Supporters said the governor misunderstood the bill’s intent.

The Senate overrode Stitt's veto, but the House did not, so it was necessary for lawmakers to move quickly on a revised version of the act that the governor would accept. SB 1835 requires that domestic violence be "a substantial contributing factor" for it to be considered in mitigating a sentence.

Angela Beatty, vice president of the YWCA of Oklahoma, said the change reflected the original intent of the legislation, and the language is clearer in the second version.

“Sometimes there isn’t help, even when you want it. Or maybe the help hasn’t given you the safety, security and the out that you need,” Beatty said. “Criminal justice systems work in favor, historically, of the accused until that person is convicted.”

The new legislation likely will help hundreds of women in Oklahoma prisons, Beatty said — women like April Wilkens, who is incarcerated at Mabel Bassett Correctional Center. Wilkens is in prison for killing her fiance and testified that he handcuffed and raped her in 1998. However, she wasn't able to use evidence of domestic abuse in her appeal for early release, The Oklahoman reported last year. Now, victims can apply to be resentenced.

Beatty said the latest version of the bill creates the possibility of immediate relief for survivors who may have harmed an abuser in an effort to get away or defend themselves.

“People ultimately have to protect themselves, and they shouldn’t be held accountable to the same extent that people who were just committing a crime. We’re a stand-your-ground state, and that should be extended to survivors,” she said. “I don’t think that it’s a coincidence that Oklahoma has a lot of the worst outcomes for women and the highest incarceration rates for women. It’s high time that we start to produce legislation like this that helps get them even on equal footing in our communities.”

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Tara Tyler, executive director of Ponca City’s Survivor Resource Network, said the state is in the midst of a domestic violence crisis.

“The Oklahoma Survivors' Act is a beacon of hope for domestic abuse survivors across the state," she said.

Oklahoma leads the nation in rates of domestic violence, according to Tulsa-based organization Domestic Violence Intervention Services. In its annual 2023 report, the Oklahoma Domestic Violence Fatality Review Board said the 2022 total of domestic violence-related homicide victims marked four consecutive years in which more than 100 victims were killed due to domestic violence. The group's research shows Oklahoma has averaged 114 domestic violence homicide victims between 2019-2022.

Key details of the new Oklahoma Survivors' Act

● The new law requires courts to consider such mitigating factors as whether the person convicted has been abused physically, sexually or psychologically by a sexual partner, family member, member of the household, trafficker or someone who used the person for financial gain.

● The defendant can provide at least one piece of evidence, including court records, pre-sentencing report, social services records, hospital records, witness statements, law enforcement records, domestic incident reports or protective orders, in addition to other evidence.

Opinion: Victims of abuse deserve better protections. The Oklahoma Survivors’ Act provides that

● The legislation does not apply to people registered as a sex offender, child abusers, people who abuse or neglect a vulnerable adult or someone who is sentenced to death.

● A court can impose a new, lesser sentence following a hearing if the court determines the defendant was a victim of domestic violence at the time of the offense and the violence or abuse was related to and a substantial contributing factor in causing the defendant to commit the offense. At the hearing, courts can take testimony from witnesses offered by either party, consider relevant evidence and consider oral and written arguments.

● Victims who are currently incarcerated can submit a request to apply for resentencing.

Beatty, the YWCA executive, said she is hopeful that Oklahoma judges will be open to listening to letters from victim advocacy providers, who use evidence-based assessments. Those assessments are used by psychologists and psychiatrists, and used by the YWCA in checking for violence, coercion and control in relationships.

“Oklahoma prisons are full of women who ultimately were put in a position of having to protect themselves. I think this bill will offer them the opportunity to petition the court for some relief,” she said.

Why does Oklahoma have a high rate of domestic violence?

Beatty said there were many reasons for Oklahoma's high rate of domestic violence, including culture, poverty, health outcomes, access to resources, mental health services and lack of accountability for perpetrators in the criminal justice system.

She said experts in the field say the most effective effort in preventing recidivism and offenders of domestic violence is a swiftly acting criminal justice response and intervention services.

“Creating additional funding for us so that we can better serve our communities, so that we can create more robust services that are more widespread" would also be helpful, she said.

Beyond criminal justice reform and funding, prevention efforts such as having conversations with young people about domestic violence and coercion are also important, Beatty said. Control patterns often begin in adolescence, she said, so teaching children at least elementary school age about boundaries, consent, healthy behaviors and healthy engagement with others should be part of the process.

“Until we really pour money into fixing the issues in the state, I’m not sure that it will get better,” she said.

This article originally appeared on Oklahoman: Oklahoma Survivors' Act signed into law: Here's how it works