News / FJP Releases

September 19, 2024 (Washington, D.C.) — FJP’s Acting Co-Executive Director Amy Fettig issued the following statement in response to news reports that Tulsa County District Attorney Steve Kunzweiler’s office has drafted a plea agreement form with language requiring survivors of domestic violence to waive their rights under the newly passed Oklahoma Survivors’ Act. A draft of the form published by the HuffPost includes a provision that explicitly waives any right to raise a future claim under the new law’s provisions in exchange for a plea agreement – a clear violation of the spirit of the law, and the will of Oklahoma’s elected representatives. 

“The Oklahoma Survivors’ Act passed with overwhelming bipartisan support to provide justice for survivors of domestic violence who were harshly sentenced for actions directly tied to their abuse, and to prevent unduly harsh sentences from occurring in the future. It provides a vital pathway for survivors to present evidence of their abuse in court and receive fairer sentencing as a result.

“We are deeply disturbed by reports that Tulsa County District Attorney Steve Kunzweiler’s office has crafted a waiver to undermine the protections established by the Oklahoma Survivors’ Act. The waiver appears to be designed to coerce survivors of domestic violence to relinquish their rights under the new law in exchange for a plea agreement. This would clearly violate the intent of the legislation, which was designed to provide mercy and justice for those who have already suffered unimaginable trauma. Any attempt by the Tulsa DA’s office to strip these protections through coerced plea deals would be preying on vulnerable survivors at their most desperate moment.

“Pressuring survivors to give up their rights is cynical, irresponsible, and unconscionable. It does not support community safety and only undermines public trust in the truth and justice of the system. We call on District Attorney Kunzweiler to immediately abandon this waiver and honor the legislative intent of the Oklahoma Survivors’ Act.”

Background

Oklahoma is currently fourth among states in the rate of incarcerated women in its jails and prisons, while also having one of the highest rates of domestic violence in the U.S. The Oklahoma Survivors’ Act provides survivors of domestic violence an opportunity to review their sentencing in cases where their abuse was a contributing factor in the crimes they are charged with, such as killing or harming their abuser in a direct act of self-defense. The Oklahoma Survivors’ Act passed with near unanimous support in both chambers of the state legislature (86-4 in the Oklahoma House of Representatives; 11-0 in the Oklahoma Senate).