By John Caher
New York Law Journal April 18, 2012
ALBANY – Domestic violence victims convicted of a crime directly related to their abuse would be eligible for shorter sentences under legislation pending in both houses of the state Legislature.
The bill would afford judges the discretion to impose lesser sanctions, including non- incarceration sentences in some cases, and would also permit domestic violence survivors now in prison to petition for resentencing.
But the main sponsors of the Domestic Violence Survivors Act —Senator Ruth Hassell- Thompson, D-Mount Vernon, and Assemblyman Jeffrion Aubry, D-Queens—told advocates at an Albany press conference on April 17 that they are facing an uphill battle, largely because of opposition from prosecutors.
Under the proposed bill, A7874-A/S5436, judges would be permitted to impose alternate sentences if they find that the defendant was a victim of domestic violence who was subjected to substantial physical, psychological or sexual abuse by a member of the same family or household; that the abuse was a “significant contributing factor” in the commission of the crime; and that the legally proscribed sentence would be “unduly harsh.”
According to a bill justification memo, 93 percent of women convicted of killing an intimate partner had been abused. The sponsors say in the memo that judges now lack the discretion to, in appropriate cases, “fully consider the impact of domestic violence when determining sentence lengths.”
Aubry said there is wide support for the bill in the Democrat-controlled Assembly. But Hassel-Thompson said the upper chamber, which is dominated by Republicans, is far less receptive. She urged advocates to “be continually vigilant and ensure that we talk to everyone” and ensure that the claims of critics are rebutted.
“This bill is not a get-out-of-jail-free card,” Hassell-Thompson said. “Rather, what this bill does is give…a judge the discretion to either grant a petition for a reduced sentence or reject the application because there is insufficient evidence that a reduced sentence is warranted. A frivolous petition would end up in the garbage.”

But prosecutors contend the measure is too broad and would permit a defendant to seek a lower sentence or resentencing even if the victim was not their abuser.
“As prosecutors responsible for enforcing crimes of domestic violence, we are aware the criminal justice system may not always adequately address violence against women,” Westchester County District Attorney Janet DiFiore, president of the District Attorneys Association of the State of New York, said in a statement and in a draft letter being prepared for legislative leaders.
“The proposed legislation would not advance the proponents’ goals and in fact would undermine the safety of our community by allowing violent defendants to receive lesser sentences for crimes committed against innocent victims,” DiFiore said, stressing that the association opposes the Hassell-Thompson/Aubry bill.
The bill was promoted at a press conference organized by the Public Affairs Committee of the Junior League, the Correctional Association of New York and the New York State Coalition Against Domestic Violence. Among the speakers was Kim Dadou, who spent 17 years in prison for manslaughter after shooting an abusive boyfriend.
“I was in the courtroom getting orders of protection just a couple of months before I was in the courtroom getting charged with murder,” said Dadou, 44. “This isn’t something that I planned. I am not a violent person. I don’t want any woman, any man, anyone, to ever have to go through what I did.”
There was no immediate response from the Senate Republican majority.
@|John Caher can be contacted at jcaher@alm.com.
March 25, 2012
January 17, 2012