‘LEFT BEHIND’

Advocates want lawmakers to pass domestic violence survivorship bill

The niece of a woman incarcerated for killing her abuser denounced lawmakers Tuesday for not doing enough to help hundreds of domestic violence survivors currently in prison.

“It is a moral failing of the justice system that she has spent 25 years in prison for self-defense,” said Amanda Ross, whose aunt, April Wilkens, was charged with murder for shooting her fiance after he handcuffed and raped her. Convicted of first-degree murder, Wilkens has served nearly 25 years of a life sentence.

“She managed to get the gun he had threatened her with earlier in the night, and as he threatened to assault and kill her, she shot and killed him in self-defense.”

House Bill 1639 would allow women like Wilkens to present evidence of their abuse when charged with a crime against their intimate partner where self-defense could be raised. The bill initially had included language that would help those already incarcerated, allowing them to apply for a hearing to review their history of domestic violence and consider a lesser sentence.

But the legislation, which is currently before a conference committee, was stripped of its retroactive language at the request of state prosecutors.

On Tuesday, Ross and other advocates gathered on the south steps of the state Capitol to call for passage of HB 1639 with retroactivity restored. Although theoretically possible, even in the final days of the session, such an action would require extraordinary effort by legislators who are focused primarily on the budget.

“It is a moral failing of the justice system that she has spent 25 years in prison for self-defense.” Amanda Ross Niece of April Wilkens

Large portraits of women currently in prison were held by supporters who lifted black veils from each face as advocates spoke.

“We are mourning the women and men who are survivors of domestic violence who are being left behind prison bars because of the failure to include retroactivity in HB 1639,” said Colleen McCarty, executive director of Oklahoma Appleseed, a nonprofit that has advocated for the bill.

Rep. Toni Hasenbeck, the bill’s author, told The Oklahoman earlier this year that retroactive language was removed at the request of the Oklahoma District Attorneys Council.

Hasenbeck, R-Elgin, did not respond to a request for comment on Tuesday.

House leaders have expressed support for the bill, including its retroactive aspect.

While the bill may not pass this session, Ross, Wilkens’ niece, said she planned to continue telling her aunt’s story.

“We cannot allow the Legislature to leave April and her fellow criminalized survivors in prison,” Ross said.

PHOTOS BY DOUG HOKE/THE OKLAHOMAN Stephanie Henson, with the League of Women Voters, speaks at a Tuesday news conference at the state Capitol about House Bill 1639, the Domestic Abuse Survivorship Act. Henson shows a Christmas ornament given to her by a female inmate.

Angel Little, right, hugs Stephanie Henson at a news conference about House Bill 1639, the Domestic Abuse Survivorship Act, at the state Capitol on Tuesday.