Domestic Abuse Survivorship Act Passes Oklahoma House

Legislation protecting Oklahomans charged with murder of their abusive domestic partner has been unanimously passed by the Oklahoma House of Representatives.

The Domestic Abuse Survivorship Act, House Bill 1639, requires that courts consider whether a person has been physically, sexually, economically or psychologically abused when weighing sentencing or guilty pleas in cases of murder of their intimate partner. If evidence is found that the defendant is a survivor of domestic abuse, the Act limits the punishment available for the charged offense.

Representative Toni Hasenbeck (R-Elgin) authored the bill after learning of multiple cases across the state and nation where victims were sentenced to prison for murder of their abusive partner despite threats against their own lives.

"It is deeply concerning that, despite legitimate fear for their lives, thousands of abuse survivors are incarcerated for huge prison sentences even though they pose no threat to society," Hasenbeck said. "The Domestic Abuse Survivorship Act is designed to help protect these vulnerable women and men who had to make the incredibly brave decision to save their own lives, even when the only available option meant ending the life of their abuser. Oklahoma's survivors deserve justice."

According to the Oklahoma Dept. of Health, 49% of women and 40% of men have experienced violence from an intimate partner at least once in their lives. Data from the Oklahoma Domestic Violence Fatality Review Board found 118 people were killed by domestic violence in 2021 in Oklahoma. There were over 45,000 domestic violence calls made in 2021 in Oklahoma County, home to Oklahoma City, the largest city in Oklahoma, and less than 1,000 of these led to arrest. 

According to the organization Survived and Punished, “the vast majority of people in women’s prisons, and many in men’s prisons, are survivors of domestic, sexual violence as children and adults. For many survivors, experiences of policing, criminalization, and incarceration are deeply intertwined with gender-based violence.” 

Oklahoma Voters - use this legislative lookup tool to contact your State Senator and encourage them to vote YES on House Bill 1639.

You can visit Survived and Punished, a non-profit organization dedicated to end the criminalization of survival, to read more about their advocacy efforts nationwide.