News / The Fair And Just Journal

By Robin Olsen

On January 8, 2025, Lisa Moss walked out of a courtroom as a free woman after serving 34 years of a life sentence for her role in the death of her abuser. Lisa’s release marks a pivotal moment in Oklahoma’s legal system, as her case became the first to secure freedom under the Oklahoma Survivors Act—a law designed to offer a second chance to domestic violence survivors whose abuse played a significant role in their convictions. Lisa’s story is a testament to the law’s transformative power, not just for individuals but for the broader pursuit of justice.

The Oklahoma Survivors Act, passed in 2024, acknowledges the profound impact that domestic violence, sexual abuse, and psychological trauma can have on the actions of survivors. The law provides an avenue for individuals to seek resentencing if they can present evidence that their abuse was a contributing factor to the crime for which they were convicted. Lisa Moss’s case highlighted years of physical, sexual, and emotional abuse inflicted by her late husband. Her release was made possible through the tireless efforts of advocacy groups, including Oklahoma Appleseed, and a justice system willing to reconsider past decisions in light of new evidence.

The Positive Impact of the Oklahoma Survivors Act

The Oklahoma Survivors Act includes critical provisions that make it a transformative tool for justice. Survivors of domestic violence can request evidentiary hearings to present proof of abuse as a mitigating factor in their cases. Importantly, the law applies retroactively, allowing individuals like Lisa Moss, convicted decades ago, to seek relief. Clear evidentiary standards ensure fair and consistent application, while judicial discretion allows courts to reevaluate sentences in light of new evidence. By also encouraging partnerships with legal organizations such as Oklahoma Appleseed, the Act ensures survivors have the necessary support to navigate this process.

These provisions collectively create a pathway for survivors to seek justice and rebuild their lives. The law provides a chance for redemption, fosters emotional healing by reuniting families, and sets a precedent for trauma-informed justice reform. Lisa Moss’s release exemplifies these benefits, offering hope to countless others who may follow in her footsteps.

Survivors Deserve Justice, Not Coercive Plea Deals

Shortly after the Law went into effect, news reports began to circulate indicating that some District Attorneys were pressuring domestic violence survivors to waive their rights under the Oklahoma Survivors’ Act in exchange for plea deals. If used coercively, these waivers would undermine the Oklahoma Survivor’s Act clear intent, which is to protect survivors and provide them with the ability to present evidence of abuse, seek fairer sentencing, and revisit unjust penalties. Additionally, by coercing survivors into giving up these critical protections, prosecutors risk further victimizing people who the law was explicitly designed to support. Upholding the law’s protections is essential to ensuring justice is delivered with fairness and compassion, and we hope all District Attorneys will not use these waivers and will honor the intent of the Act.

Why Other States Should Follow Oklahoma’s Lead

The Oklahoma Survivors Act is more than a state policy—it’s a blueprint for reform. Survivors across the country face similar barriers to justice, often compounded by systemic inequities that fail to account for the role of abuse in their actions. By adopting legislation modeled on the Oklahoma Survivors Act, other states can:

• Empower survivors to share their stories and pursue fair sentencing outcomes.
• Reduce the disproportionate incarceration of individuals whose actions were shaped by trauma.
• Strengthen communities by reuniting families and providing pathways to rehabilitation.

As Lisa’s attorney, Colleen McCarty, stated, “This isn’t just for Lisa. It’s a changing of the tide for survivors of violence.” The Oklahoma Survivors Act represents a seismic shift in justice—one that all states should embrace to ensure a fairer, more compassionate system.

Take Action

Lisa Moss’s story demonstrates what’s possible when survivors are given a chance to tell their truth and seek justice. It’s time for lawmakers nationwide to follow Oklahoma’s example and pass legislation that recognizes the impact domestic violence has on those who commit crime as a result of their experience. Together, we can build a system that truly supports survivors, promotes equity, and upholds the principles of justice for all.

Robin Olsen is Acting Co-Executive Director at Fair and Just Prosecution.