They Killed Abusive Partners. Now Their Sentences Could Be Reconsidered.

Oklahoma Closer to Passing Law for Domestic Violence Survivors

This report highlights the progress made in Oklahoma towards passing a law that would allow judges to reduce criminal sentences for domestic violence survivors. The bill, which had broad bipartisan support, aims to address the high rates of domestic violence and women in prison in the state. However, it faced opposition from prosecutors and lawmakers using “tough-on-crime” rhetoric. The proposed measure would enable incarcerated individuals to apply for retroactive resentencing, acknowledging the impact of abuse on their actions.

Background

Oklahoma has the highest rate of domestic violence in the country and the third-highest rate of women in prison. A study conducted in the state found that 66% of women in Oklahoma state prisons had experienced intimate partner violence in the year before their incarceration. Advocates argue that self-defense laws are not effectively protecting survivors, leading to harsh mandatory minimum sentences.

Advocacy Efforts

Colleen McCarty, executive director of the Oklahoma Appleseed Center for Law and Justice, has been at the forefront of advocating for the bill. She emphasizes the importance of recognizing trauma and abuse differently and changing how these issues are addressed. McCarty estimates that 50 to 75 Oklahomans could benefit from retroactively shorter sentences if the bill becomes law.

Personal Story

April Wilkens, who is currently serving a life sentence for killing her former partner after enduring abuse, has been actively lobbying for the bill. In an article published in Ms. Magazine, Wilkens shared her experience and expressed her desire to prevent others from going through similar situations.

Opposition and Criticism

Oklahoma Governor Kevin Stitt vetoed the bill, expressing concerns about potential misuse and the release of violent individuals. However, Senate President Pro Tem Greg Treat, who led the override effort, criticized the governor for not standing up for domestic violence victims.

Similar Efforts in Other States

Other states, such as Oregon and Minnesota, have also proposed similar legislation but faced resistance. In Louisiana, a bill allowing retroactive resentencing for victims charged with crimes against their abusers was blocked by legislators. Opponents argue that existing self-defense laws already protect individuals from imprisonment, but advocates argue that these laws need to be expanded to consider the dynamics of intimate partner violence.

New York as a Model

New York’s Domestic Violence Survivors Justice Act, which has been in place since 2019, allows anyone whose abuse was a “significant contributing factor” to their crime to apply for resentencing. This law serves as an example for other states considering similar policies. However, challenges remain, as some judges have outdated understandings of domestic violence and may not give weight to survivors’ experiences.

Overall, the progress made in Oklahoma towards passing a law for domestic violence survivors reflects a growing recognition of the need to address the impact of abuse on individuals’ actions. The Sustainable Development Goals (SDGs), particularly Goal 5: Gender Equality and Goal 16: Peace, Justice, and Strong Institutions, are relevant in this context as they aim to promote gender equality, end violence against women, and ensure access to justice for all.

SDGs, Targets, and Indicators Analysis

1. Which SDGs are addressed or connected to the issues highlighted in the article?

• SDG 5: Gender Equality – The article discusses the high rates of domestic violence against women and the impact it has on their incarceration rates.
• SDG 16: Peace, Justice, and Strong Institutions – The article highlights the need for criminal justice reform to address the issue of domestic violence survivors being incarcerated for crimes related to their abuse.

2. What specific targets under those SDGs can be identified based on the article’s content?

• SDG 5.2: Eliminate all forms of violence against all women and girls in the public and private spheres – The article addresses the issue of domestic violence against women and the need to address it through criminal justice reform.
• SDG 16.3: Promote the rule of law at the national and international levels and ensure equal access to justice for all – The article discusses the need for changes in the legal system to ensure that domestic violence survivors have equal access to justice and are not unfairly incarcerated.

3. Are there any indicators mentioned or implied in the article that can be used to measure progress towards the identified targets?

• The article mentions the rates of domestic violence in Oklahoma, which can be used as an indicator to measure progress in addressing SDG 5.2.
• The article discusses efforts in other states to pass similar legislation, which can be used as an indicator to measure progress in addressing SDG 16.3.

Table: SDGs, Targets, and Indicators

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Fuente: themarshallproject.org

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