Sentencing consideration for abuse, trafficking survivors proposed

Nebraska courts could consider a defendant’s status as a survivor of sex trafficking, domestic violence or abuse when determining sentences under a bill considered by the Judiciary Committee March 12.

Under LB159, introduced by Omaha Sen. Dunixi Guerca, the new consideration would join an existing list of mitigating factors that judges may evaluate when determining a sentence, such as a defendant having no prior criminal history or a low likelihood of reoffending.

Guereca said research shows that between 50% and 75% of incarcerated women have experienced sexual violence, with over 70% reporting a history of intimate partner violence. While LB159 would not necessarily guarantee lesser sentences for those who have experienced trauma or violence, he said, it would ensure that their history is taken into account.

“Passage of this bill would be a clear expression of a legislative intent that courts at least consider whether a person being sentenced has a history of being abused by an intimate partner or is a survivor of sex trafficking,” Guereca said.

Representing the Nebraska Coalition to End Sexual and Domestic Violence, Melanie Kirk testified in support of the bill.

Kirk said survivors of abuse often find themselves entangled in the criminal justice system due to their abusers, who coerce women into engaging in illegal activities such as sex or drug trafficking. Nebraska’s current sentencing laws do not consider such factors, she said, which LB159 aims to address.

“It does not absolve accountability, but it ensures punishment is proportionate and takes into account the reality that many individuals convicted of crimes have themselves been victimized,” Kirk said.

Erin Feichtinger also supported the proposal on behalf of the Women’s Fund of Omaha. Women may resort to violence to protect themselves or others as a direct response to violence or abuse, she said, especially if they sought help through the courts but did not receive adequate protection.

“Directing courts to consider the history and presence of abuse will not solve the problem with intimate partner violence or sexual abuse or trafficking, but it is an important step for our state’s ability to recognize and address the complex trauma associated with that abuse and help us to avoid further exacerbating that harm,” Feichtinger said.

Jason Witmer testified in favor of the bill on behalf of the ACLU of Nebraska, saying the measure would acknowledge that certain life experiences can make people more likely to commit crimes.

“LB159 recognizes this isn’t about excuses,” Witmer said. “It’s about understanding why some people end up in the legal system in the first place.”

No one testified in opposition to the bill and the committee took no immediate action on it.