This bill allows federal judges to impose sentences below the mandatory minimums for defendants who are themselves survivors of sexual assault, domestic violence, stalking, dating violence, or human trafficking. The legislation recognizes that these survivors—disproportionately women, of whom studies show 86 percent have experienced sexual violence—sometimes commit crimes as a direct result of their abuse, and argues that mandatory minimum sentences may not serve justice in such cases. Judges would have authority to reduce sentences or impose probation and community service instead, even if the abuse didn't cause physical injury, occurred long ago, or was unrelated to the victim they harmed. The bill applies to all future federal sentences and allows defendants already convicted to petition courts for resentencing. The measure directs the U.S. Sentencing Commission to update federal sentencing guidelines to account for a defendant's history as an abuse survivor.
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