Charlene Muhammad | Oakland Post

Advocates for victims of domestic violence, including organizations like the Family Violence Law Center in Oakland, are applauding a new California law that was introduced by Sen. Sydney Kamlager (D-Los Angeles). The legislation passed both the Assembly and Senate last fall. It was signed into law by Gov. Newsom in October, and it took effect Jan. 1.

Assembly Bill (AB) 124, also known as the “Justice for Survivors” bill, provides support to survivors of violence, including intimate partner violence, sexual violence, and human trafficking.

AB 124 makes provisions for California’s criminal justice system to consider the full context of a person’s circumstances and experiences throughout the court process.

“The idea is more trauma informed sentencing, but I think it starts even before survivors even enter the criminal justice system. I think it’s really important to focus on the responders to the crisis,” stated Nashi Gunasekara, Housing and Gender Justice advocate at the Family Violence Law Center, which advocates for justice and healthy relationships by helping diverse communities in Alameda County heal from domestic violence and sexual assault.

“How responders complete paperwork, their judgment and assessments can all very drastically change the trajectory of a survivor in the criminal justice system, to the point where they may not even enter it, she said. “That’s almost how decisive these those moments of crisis intervention can be.”

According to statistics released by the American Civil Liberties Union, nearly 60 % of female state prisoners nationwide and as many as 94 % of certain female prison populations experienced physical or sexual abuse before being incarcerated.

“Black women make up 25% of the incarcerated population in California, yet are only 5% of the adult population, demonstrating an overrepresentation of Black women in prison. Similar disparities exist for other individuals of color, including Latinx, Asian and Pacific Islander, and Indigenous communities,” states the “Justice for Survivors” fact sheet, dated May 26, 2021.

Advocates who supported AB 124 say the legislation is particularly useful for survivors who have been criminalized, because the idea is to take into account factors like a history of abuse or domestic violence, mental illness, and others that may lead to certain moments of crisis when charging or sentencing individuals.

“When you have the right people there, responding to these moments of crises where law enforcement may not be entirely equipped with the information and knowledge to assess those situations correctly, I think we’re not only helping survivors heal, but we’re helping communities as well,” Gunasekara explained.

Part of Family Violence Law Center’s work is helping people to recognize the ways in which survivors can get caught up in the criminal justice system. That includes curbing the continued stigma for survivors of domestic violence and sexual assaults by reversing cultural messages that place blame and responsibility for abuse on survivors themselves, said Marissa Seko, Family Violence Intervention Unit Manager at the organization.

It is important to get the message out about what real accountability looks like for people who have caused harm, she urged.

Power and control, in relationships and within the larger culture are fundamental, core structures that allow domestic violence to continue, according to Seko. One of her clients has been repeatedly victimized by her abuser calling police and filing false Child Protective Services reports as retaliation for trying to leave the relationship, Seko shared.

When a person who is causing the harm has more race or gender privilege than the person they are abusing, they can sometimes use the system against that survivor. That plays out in the ability to pay for lawyers, fight through family law boards, and believability when police are called, according to Seko.

Her agency commonly sees abusers using the system against survivors and weaponizing privileges they have against people with less knowledge or access, she said.

Economic justice is a near-immediate, tangible solution to improve life for criminalized survivors of domestic violence, according to Seko. Many survivors hail from predominantly Black and Brown communities, which experience glaring income gaps, and oftentimes they take on the burden of childbearing while juggling the responsibilities of working and taking care of the children, she added.

According to the National Network to End Domestic Violence, financial abuse occurs in 99% of domestic violence cases, and is often cited by victims of abuse as the main reason that they stayed with or returned to an abusive partner.

“It’s hard to survive or make decisions when one feels economically insecure,” said Seko.

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