New York State has a long and troubling history of failing to protect victims of domestic violence. Until 1994, there was no significant legislation aimed at addressing domestic violence at all.

To make matters worse, under the current system, law enforcement officers—often the first line of defense in domestic violence situations—commit domestic violence at rates up to 15 times the national average and yet are given enormous power and discretion in how they respond to these calls. 

This is part of a broader pattern of historical and systemic violence against victims of domestic violence and sex trafficking—violence that our criminal justice system continues to perpetuate.

In 2019, the Domestic Violence Survivors Justice Act (DVSJA) was signed into law, offering a path to more compassionate sentencing when abuse was a significant factor in a survivor’s conviction.

However, critical gaps remain such as: 

– The exclusion of certain offenses

– The resentencing provision requires an original sentence of over 8 years

– Survivors are subject to retraumatizing hearings when prosecutors oppose resentencing

For those who are eligible, the process is often long and deeply triggering.

Furthermore, inside prison, survivors continue to face dynamics of control eerily similar to the abuse they tried to escape: constant surveillance, repeated strip searches, solitary confinement, retaliation, and forced labor. 67% of women incarcerated in New York for killing someone close to them were abused by that person. Every year, hundreds of reports of sexual abuse and misconduct are filed within New York’s prisons, with little accountability or oversight. This is not rehabilitation. It’s retraumatization.

Last year, New Yorkers voted to enshrine sex-based equality in the state constitution by passing Proposition 1. This was a clear mandate: protect people from gender-based harm. Nonetheless, victims remain in prison, denied equal protection, due process, and the dignity they deserve. 

We are calling on Governor Kathy Hochul to use her constitutional clemency power to correct these wrongs. Clemency is not a loophole, but instead a vital, immediate remedy for injustice.

Governor Hochul has the power to grant a second chance to one of the most vulnerable demographics in our society. Please sign the petition to advocate for clemency, rehabilitation, and the re-entry of survivors into society.