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Bill would allow trauma victims to use abuse as legal defense

California's Capitol building in Sacramento
Andre M.
/
Flickr / Creative Commons
California's Capitol building in Sacramento

California lawmakers are considering a bill that would let survivors of domestic violence, sexual assault, or human trafficking use their abuse as a legal defense — even for violent crimes.

The measure is from Oakland Democratic Assemblymember Mia Bonta.

She argues victims accused of violent crimes should have a right to tell juries about their abusers. They could also use the proposed law to clear their names after they’re freed from prison.

California law already allows the defense for non-violent crimes.

Under the measure, most murder suspects wouldn’t be allowed to use the defense. But prosecutors and police say other violent criminals including rapists, kidnappers and child molesters could.

Opponents fear that if the bill becomes law, felons also could swamp California’s courts with a rash of petitions to vacate their convictions.

Legislators will consider the proposal in August. Similar bills have failed the past three years.