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HB 1591

Providing remedies for defendant survivors of domestic violence, sexual assault, or human trafficking.

2025-2026 Regular Session Introduced by Lauren Davis and 9 co-sponsors

HB 1591 permits criminal defendants to use prior domestic violence, sexual assault, or human trafficking victimization as legal defense or sentencing mitigation in Washington.

Public hearing in the House Committee on Community Safety at 4:00 PM.
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Bill Summary · HB 1591

Legislative bill overview

HB 1591 would allow defendants in criminal cases to raise domestic violence, sexual assault, or human trafficking victimization as a legal defense or mitigating factor during sentencing. The bill aims to recognize that survivors of these crimes may commit offenses as a direct result of their victimization, trauma, or coercion by their abusers.

Why is this important

This addresses a documented gap where abuse survivors—particularly women—face criminal liability for actions taken while under the control or duress of abusers. Recognition of survivor defenses can prevent re-victimization through the criminal justice system and align sentencing with the circumstances that drove criminal behavior.

Potential points of contention

  • Victim advocacy concerns: Some domestic violence organizations worry expansive defenses could undermine victim protections or allow abusers to evade accountability if they caused harm to their partners
  • Prosecutorial opposition: Law enforcement may argue this complicates charging decisions and could create reasonable doubt in cases where survivor status is claimed but unrelated to the alleged crime
  • Definition boundaries: Unclear how broadly "caused by" victimization applies—does it cover all crimes by survivors, or only specific offenses (e.g., crimes against the abuser)? Vague standards could lead to inconsistent application

Compiled from official sources — confirm details with the bill’s official record.

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