New law could reduce sentences for Oklahoma domestic violence victims who commit crimes

Gov. Kevin Stitt signed a law that supporters say would protect domestic violence survivors. (Getty Images) (This image cannot be republished unless you have a Getty subscription.)

OKLAHOMA CITY — Gov. Kevin Stitt signed a measure that would let judges give criminal defendants who are domestic violence victims lighter sentences if they can prove prior abuse contributed to the crime.

Senate Bill 1835 requires judges to consider whether domestic violence was a mitigating factor in a crime, and, if so, a defendant would be eligible for a lighter sentence compared with the usual mandatory ranges. Mitigating factors that judges must consider include physical, sexual or psychological abuse. Domestic abusers could include sexual partners, family, household members, human traffickers or other individuals who use a person for financial gain.

Stitt had vetoed an earlier version of the bill, Senate Bill 1470, known as the Oklahoma Survivors’ Act, after he said it was written so broadly that it could have unintended consequences. Defendants, for instance, could have claimed domestic abuse from years prior as a factor in why they became alcoholics, drove drunk and killed someone.

The Senate overrode the veto, but the House did not take up a veto override. Lawmakers then went back and revised the legislation to require that domestic violence must be a “substantial contributing factor” in causing the defendant to commit the crime. 

The new law would not apply to crimes that would require someone to register as a sex offender, offenses where someone is sentenced to death, child abusers or those who abuse or neglect a vulnerable adult.

Advocates for domestic abuse survivors heralded the new law as a victory.

“For years, Oklahoma has placed the blame for violent acts on domestic abuse survivors, punishing them for defending themselves,” said Jan Perry, president and CEO of YWCA Oklahoma City. “The Oklahoma Survivors’ Act rights those wrongs.”

The state ranks first in the nation in domestic violence rates with estimates showing that about half of women and about 41% of men have been victims. The state ranks third in the number of women killed by men.  

Alexandra Bailey, with the The Sentencing Project, said the new law is “a tremendous victory for domestic abuse survivors and their families.”

“By signing this bill, Gov. Stitt has demonstrated his commitment to the well-being of domestic violence survivors, and affirms his dedication to creating a safer and more supportive environment for all Oklahomans,” Bailey said.

Senate President Pro Tem Greg Treat, R-Oklahoma City, the measure’s author, said his colleagues believe it is an “important piece of legislation to help those who are suffering from abuse.”

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