Filing Begins For Incarcerated Domestic Violence Victims To Receive Reduced Sentences

The Oklahoma Survivors Act went into effect on Aug. 29, 2024, meaning survivors of domestic violence who committed a crime against their abuser could have their prison sentences reduced. 

Attorneys at possibly the state's first filing said there were 13 women in Oklahoma who were victims before they were criminals. Their lawyers hope the Oklahoma Survivors Act will help them get out of prison.

“April has been in prison for more than 26 years simply for the act of surviving,” said one of Wilkens's attorneys, Leslie Briggs. 

For two years, Briggs and Colleen McCarty worked toward this day, one that could change their client's life forever.

“We are filled with hope today that the courts will finally get the opportunity to hear the full scope and measure of the abuse that she suffered, something that did not occur during her trial,” Briggs said. 

April Wilkens was sentenced to life in prison at the Mabel Bassett Correctional facility after being convicted of murdering her fiancé. Her attorneys said April's fiancé abused her for years, until one day in 1998 when he handcuffed her and threatened to kill her. That's when she shot him. 

On Aug. 29, 2024, April's attorneys filed for retroactive sentencing relief under the Oklahoma Survivor's Act.

“The law just went into effect today, and we are excited at the chance to bring people like April home from prison,” said attorney Colleen McCarty. 

Under the new law, if suspects like April can prove they were victims of domestic violence during their crime, then their prison time could be reduced.

“She's been so vulnerable in getting her story and her pain out there that it seems only fair that she's one of the first people to benefit from the law,” McCarty said. 

The Tulsa County District Attorney's Office said it is not involved in the appeal.

April's attorneys hope it doesn't stop with her. They plan to file similar appeals for 12 other women in prison.

“The last time I talked to her, she said she's getting excited, she's getting hopeful, and for the first time, she's getting to envision a life outside of prison,” McCarty said. 

If the appeal is approved, April's attorneys would be able to apply for sentencing relief, and April's case could be heard by a judge.

Full statement from the Tulsa County DA’s Office:

“The District Attorney was provided a filed copy of April Wilkens Request to Apply for Resentencing, pursuant to the newly enacted Oklahoma Survivor’s Act. As the title of Wilken’s filing shows, this is a request to apply to have her sentence modified. The initial request is sent to the District Judge, and does not yet trigger the participation of the District Attorney. Once the District Judge determines whether Wilkens is eligible to apply, further settings may become necessary. If that happens we will bring forward whatever relevant information is necessary for the trial court to make its decision.”