Beatrice “Beasy” Taylor called 911 again and again for protection from a violent ex-partner who was threatening to kill her. One night, he returned mere hours after the police had made him leave her home. When he forced his way inside and attacked her, Taylor defended herself with a kitchen knife, stabbing him one time. She was convicted of second-degree murder, and a Louisiana judge sentenced her to life without parole.

Such stories are alarmingly common. Across the United States, the criminal justice system unfairly criminalizes and harshly punishes survivors of violence. Survivor justice laws are needed to provide safety and justice for people who appear in court due to behavior rooted in efforts to survive.

“There are more ladies who are still in prison as a result of domestic violence,” said Taylor, an advocate for survivor justice legislation in Louisiana, where she served 23 years in prison before her sentence was commuted. “We need a law to help them.”

What are survivor justice laws?

Survivor justice laws recognize that domestic violence, sexual assault, and human trafficking can play a significant role in the circumstances that lead people into the criminal justice system. These laws allow judges to consider a person’s history of abuse when determining a sentence, potentially reducing harsh punishments for survivors. They can also allow people who are already incarcerated to petition for resentencing based on evidence of abuse that was not adequately considered in their original cases. The goal is to ensure that survivors are not unfairly punished for actions connected to the violence they experienced.

Recent examples include the Georgia Survivor Justice Act, which took effect last year, and the Oklahoma Survivors’ Act, which took effect in 2024. Both bills passed with near-unanimous bipartisan support. New York’s Domestic Violence Survivors Justice Act passed in 2019 and, as a result, at least 85 people have received retroactive sentencing relief.

A growing movement to change how courts treat survivors

Survivor justice legislation is gaining momentum in many states. In September, the Vera Institute of Justice hosted a National Survivor Justice Act Legislative Convening to build support for efforts to pass legislation that allows judges to consider the context of domestic violence, sexual abuse, child abuse, and human trafficking in sentencing and lets incarcerated survivors of violence apply for resentencing and release. Such legislation is finding support across the political spectrum, offering a rare opportunity for consensus around criminal justice reform.

“Both Democrats and Republicans, we've all known someone or been someone who is directly impacted by domestic violence,” Dr. Brashani Reese, executive director of Drop Life Without Parole New England, said at the convening. “When we think about that person being incarcerated as a result of living through domestic violence, we just know that that is not justice.”

Domestic violence victims who have languished in prison for decades are being freed as a result of critical survivor justice laws, which allow for meaningful consideration of abuse. Historically, the criminal justice system has poorly accounted for acts of self-preservation, like fighting back against an abusive partner or committing crimes under threat of violence.

“The system is very black and white,” noted Ellie Williams. Williams, who also attended the convening, is the legal director for the Georgia Coalition Against Domestic Violence’s Justice for Incarcerated Survivors Program. “Human experiences are much more appropriately described as gray.”

Despite growing recognition of domestic violence and its devastating effects, the criminal justice system continues to punish survivors for actions they take to protect themselves. In a 2020 survey of women incarcerated for murder or manslaughter, 30 percent of respondents said they were in prison for trying to protect themselves or others from violence.

“Most of the longest-serving women in our state are survivors of domestic violence and sexual assault that was never considered as part of their original criminal case,” Allison Elder, cofounder and executive director of Time Served in South Carolina, said at the convening. “In fact, some of my clients were told that it was irrelevant.”

Building bipartisan support for survivor justice reform

Survivor justice legislation is advancing in many states, including Connecticut, Louisiana, Massachusetts, Michigan, and Missouri. More bills are on the horizon in 2027 and advocates are building a national movement to expand survivor justice protections so that abuse victims are protected no matter where they live. Central to that effort is raising public awareness to help people understand that survivors like Taylor can lose decades of their lives for defending themselves against violence.

“Most folks don’t know that when a survivor has to protect herself from an abuser, she is sent to prison,” commented Judith Clark, director of Survivors Justice Project. “When they find out that’s happening, they are horrified.”