Sentencing Relief for Survivors of Child Trafficking, Abuse to Take Effect
Starting November 1, Oklahoma courts may adjust the punishment of an offender who was trafficked, sexually abused or assaulted by the victim.
Rep. Marilyn Stark, R-Bethany, authored House Bill 2210 after hearing stories about people like Sara Kruzan, who was 17 when she was sentenced to life in prison without parole for killing the man who forced her into sex trafficking when she was 13. Kruzan was tried as an adult and no evidence of the abuse or trauma committed against her was admitted into evidence. Her sentence was commuted in 2013 and she was pardoned in July 2022.
HB2210 states that the abuse by the victim must have occurred within 90 days of the offense and the offender must have been a minor who was convicted as an adult. Under the bill, the court may depart from the mandatory minimum sentence, suspend any portion of the sentence or transfer the minor to the juvenile division for further proceedings.
"If we sentence a child who has been the victim of a terrible situation to prison for a crime against their abuser, we retraumatize them rather than helping them heal," Stark said. "I hope that, by allowing courts to consider evidence of abuse against the perpetrator, this legislation will ultimately help these Oklahomans find peace and begin to rebuild their lives."
The bill was authored in the Senate by Sen. Darrell Weaver, R-Moore.
"Human trafficking victims have already faced physical, mental and emotional trauma, and shouldn’t be punished further after their escape from these horrific situations,” Weaver said. “This law being in place offers another layer of protection for minors who have experienced this form of violence and extortion, and I hope it will benefit them as they seek justice.”