Oklahoma Survivors’ Act: How Abuse Victims Fought for a Second Chance

McLoud, Oklahoma, a town of just under 5,000 residents located 30 miles east of Oklahoma City, is home to the Mabel Bassett Correctional Center (MBCC), the state’s largest women’s prison. Within its walls, a quiet but powerful movement began to take shape, fueled by the experiences of incarcerated women and a growing recognition that the stories behind their convictions often contained a hidden truth: histories of profound domestic violence. This realization led to the passage of the Oklahoma Survivors’ Act in 2024, a landmark piece of legislation offering a potential path to resentencing for those whose crimes were directly linked to abuse. But as the initial hope surrounding the Act begins to temper with the realities of the legal system, questions remain about its effectiveness and whether it will truly deliver justice for these long-silenced voices.

The impetus for change stemmed from the decades-long imprisonment of April Wilkens, who has spent over 25 years at MBCC for the 1998 shooting death of her ex-fiancé, Terry Carlton. Wilkens’ case, marked by repeated pleas for help to law enforcement regarding Carlton’s escalating abuse – including documented instances of beating, rape, and stalking – became a focal point for advocates seeking sentencing reform for survivors of domestic violence. Her conviction for first-degree murder and subsequent life sentence highlighted a systemic failure to recognize the coercive control and trauma that often precede acts of violence committed by victims of abuse. The case underscores a broader issue: Oklahoma consistently ranks among the states with the highest rates of both female imprisonment and domestic abuse, creating a particularly urgent need for reform.

Recognizing this critical intersection, Tulsa attorneys Colleen McCarty and Leslie Briggs began working with Wilkens in 2022, aiming to draft legislation that would allow survivors to petition for reduced sentences. Their efforts culminated in the Oklahoma Survivors’ Act, which, rather than automatically reducing sentences, established a legal mechanism for survivors to demonstrate that domestic abuse was a “substantial contributing factor” in their offense. The ultimate decision regarding resentencing rests with a judge, requiring a careful evaluation of each individual case and the extent to which abuse played a role in the commission of the crime. This nuanced approach reflects the complexities of these cases and the need for individualized justice.

A Survey Reveals the Scope of the Problem

To understand the prevalence of domestic violence among incarcerated women in Oklahoma, Wilkens took a significant risk. Despite the potential for disciplinary action, she conducted an unauthorized survey within the walls of MBCC, distributing questionnaires to her fellow inmates. She sought to quantify the number of women whose cases mirrored her own – those whose crimes were inextricably linked to the abuse they had endured. Wilkens’ initiative was driven by years of listening to the harrowing stories of other women, stories that often went unheard in police reports and courtrooms. She understood that many women were prosecuted for crimes committed under duress, or as a desperate attempt to escape abusive situations, or even for failing to protect their children from their abusers.

The response was overwhelming. One hundred and fifty-six women completed the survey, sharing deeply personal and often harrowing accounts of the violence they had experienced. McCarty, upon reading the responses, described being profoundly moved, stating the stories revealed systemic blind spots in the justice system. The questionnaires documented a pattern of escalating abuse, ranging from emotional and verbal manipulation to physical and sexual assault. Many respondents described a pervasive sense of fear and terror, with abusers threatening their lives and the lives of their children. The survey results became a crucial piece of evidence in advocating for the passage of the Oklahoma Survivors’ Act, demonstrating to lawmakers the widespread impact of domestic violence on the female prison population.

Excerpts from the survey reveal the depth of the trauma experienced by these women. One respondent wrote, “The abuse graduated from emotional to verbal to physical to sexual.” Another recounted a chilling threat: “He said he was going to kill me and hide the body. His wife before me had her nose broken twice.” Many described feeling trapped and helpless, with abusers controlling every aspect of their lives. Some had committed crimes alongside their abusers under threat of further harm, while others had acted in self-defense after years of enduring relentless abuse. The survey also highlighted failures within the system, with one woman noting, “My lawyer was arrested during my trial…I never even got a chance.”

The Oklahoma Survivors’ Act: A Step Towards Justice?

The passage of the Oklahoma Survivors’ Act in 2024 represented a significant victory for advocates and a glimmer of hope for incarcerated women like Wilkens. The law, as outlined by the Oklahoma Department of Corrections, allows individuals convicted of crimes to petition for a modified sentence if they can demonstrate that domestic violence was a substantial contributing factor in their offense. This requires presenting evidence of abuse, such as medical records, police reports, and testimony from witnesses. The judge then weighs this evidence alongside the details of the crime and the individual’s criminal history to determine whether a reduced sentence is warranted. The Mabel Bassett Correctional Center, a multi-function facility housing over 1,200 inmates, including minimum, medium, and maximum-security prisoners, serves as a central location for women seeking relief under the new law. InmateAid provides information about the facility, including visitation rules and contact information.

Oklahoma’s decision to enact the Survivors’ Act is particularly noteworthy given its historically punitive approach to criminal justice. The state has a high incarceration rate and, as of 2024, has carried out the most executions per capita of any state in the United States, having executed 130 people since the reinstatement of capital punishment in 1976. Oklahoma Prison Roster provides information on inmates currently incarcerated in the state’s correctional facilities, including MBCC.

Challenges and Uncertainties Remain

Despite the promise of the Oklahoma Survivors’ Act, its implementation has faced challenges. As reported by ProPublica, many women who meet the criteria for resentencing remain incarcerated, awaiting judicial review. The process of gathering evidence and navigating the legal system can be daunting, particularly for those who lack resources or legal representation. Judges retain significant discretion in deciding whether to grant relief, and there is no guarantee that even compelling evidence of abuse will result in a reduced sentence. The Act does not offer automatic release or sentence reductions; it merely provides a pathway for survivors to present their cases for reconsideration.

Wilkens herself remains in prison, still awaiting a decision on her petition for resentencing. Her case, along with those of many other women at MBCC, underscores the systemic resistance to change and the ongoing struggle for justice for survivors of domestic violence. One inmate, quoted in the ProPublica article, poignantly expressed a sense of cautious optimism, writing on the survey, “I was in a very abusive, sick relationship. I am FREE now.” However, for many, freedom remains a distant hope.

Looking Ahead

The Oklahoma Survivors’ Act represents a significant, albeit imperfect, step towards recognizing the complex relationship between domestic violence and criminal behavior. Its success will depend on continued advocacy, increased access to legal resources for survivors, and a willingness among judges to consider the full context of their cases. The long-term impact of the Act remains to be seen, but it has already sparked a crucial conversation about the need for a more compassionate and nuanced approach to criminal justice, one that acknowledges the trauma and coercion experienced by many women who find themselves entangled in the legal system. The next steps will involve monitoring the outcomes of resentencing petitions and advocating for further reforms to address the systemic failures that allow domestic violence to continue to drive women into the criminal justice system.

As of February 2026, the Oklahoma Department of Corrections continues to process petitions under the Survivors’ Act, with ongoing court hearings scheduled throughout the year. Individuals seeking more information about the Act and available resources can visit the Oklahoma Department of Corrections website or contact legal aid organizations specializing in domestic violence cases. The fight for justice for survivors of domestic violence is far from over, and continued public awareness and advocacy are essential to ensuring that these voices are finally heard.

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