The Oklahoma Survivors’ Act, enacted in 2024, is a landmark law designed to provide reduced sentences for survivors of domestic violence who can demonstrate that their crimes were directly related to their abuse.
The law was inspired by cases where individuals, particularly women, were given harsh sentences for acts like killing their abusers in self-defense, committing crimes while fleeing abuse, or being coerced into breaking the law by their abusers.
Under the new legislation, sentences for qualifying survivors are capped at 30 years, and those already serving sentences can petition for resentencing.
However, in Tulsa County, prosecutors under District Attorney Steve Kunzweiler are considering a controversial form that would require individuals entering plea deals to waive their rights under the Oklahoma Survivors’ Act.
The proposed waiver states that the person signing it would be surrendering their ability to benefit from the law, both at the time of plea and in any future post-conviction actions.
Critics, including lawyers and advocates who supported the bill, argue that this waiver could undermine the intent of the law, coercing survivors to forfeit their rights in exchange for a plea deal.
They assert that this move could result in prosecutors preemptively deciding who qualifies for the law’s protections, a role they believe belongs to the courts, not prosecutors.
Advocates for the law, such as Colleen McCarty from the Oklahoma Appleseed Center for Law & Justice, emphasize that the determination of a survivor’s eligibility should rely on evidence presented in court, not on prosecutorial assumptions.
They also note that many survivors may not have formal police reports or active cases against their abusers, but that does not negate their experiences of abuse.
Despite this pushback, the Tulsa County DA’s office has indicated the waiver is still under consideration, raising concerns about how and when it would be applied.
The controversy highlights the broader tension between the law’s intent to support survivors of domestic violence and prosecutorial discretion in plea negotiations.