OK Survivor Justice Coalition
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OK Survivor Justice Coalition
Home
Legislation
Survivorship
The Stories
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  • Legislation
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  • The Stories
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  • The Stories

OK Survivor's Justice Act

Several states are researching laws to ease sentencing on survivors of violence. Oklahoma is one of them. A Survivor's Justice Act is a step toward real justice for survivors.

A Survivors Justice Act is two pronged: 1) it creates a sentencing procedure on the front end of a prosecution which allows a judge to consider evidence of abuse. If the abuse is substantiated, then the survivor is entered into a lesser sentencing range than they were originally eligible for; 2) the law also allows this same process for people who have already been sentenced to prison to be resentenced. 


A law to help survivors of violence who are caught up in the criminal justice system must do a few things: 

  • The law must be proactive for survivors who are currently being prosecuted.
  • The law must provide an opportunity at resentencing for those survivors who have already been sent to prison. 
  • The law must have an inclusive definition of domestic violence and human trafficking. 
  • The law must be trauma informed for those who are applying for relief.
  • The application process for resentencing must be easy to understand.
  • Some states have required that the original sentencing judge be different from the judge who hears the evidentiary hearing to substantiate the abuse and ultimately decide on resentencing.
  • There should be a preponderance of the evidence standard for proving past abuse.
  • There should be a "nexus" or substantial relationship between the abuse and the underlying crime.
  • Access to counsel at resentencing hearings is recommended. 

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