Last week, the Oklahoma Senate Judiciary Committee held a three-hour session to scrutinize the state’s “Failure to Protect” law, focusing on the implications of the 22 O.S. 843.5 statute. Under the leadership of Sen. Brent Howard and Sen. Todd Gollihare, the committee examined the law’s severe penalties that equate parents or caregivers with child abusers, even if they have not directly committed abuse.
The core issue revolves around the law’s harsh treatment of those charged with either child abuse or “enabling” child abuse, both of which can carry a life sentence. This raises significant concerns about the impact on mothers who find themselves in abusive situations, often facing coercive control and threats of violence. The committee’s discussions highlighted that these circumstances can leave individuals feeling trapped and unable to seek help.
Concerns Around Over-Incarceration
A principal point of contention is the law’s inability to differentiate between varying degrees of offenses. As noted by the Oklahoma Policy Institute, the legal definitions of “harm or threatened harm” and “failure to protect from harm” are conflated with “enabling child abuse.” This lack of distinction results in serious consequences for those who may be responsible but not directly abusive.
Data reveals that approximately 90 percent of the caretakers facing charges under this law are mothers. This statistic underscores a troubling trend where the law inadvertently discourages abuse reporting. Fear of severe penalties may silence those who urgently need protection, transforming what should be a safeguard into a barrier that stifles cries for help.
Calls for Legislative Reform
The session saw various lawmakers and advocates emphasizing the need for reform. There is a growing consensus that revising the “Failure to Protect” statutes to impose penalties that reflect the severity of offenses could address the issue of over-incarceration in Oklahoma. Advocates argue that while there should be consequences for failing to protect children, the law must also accommodate the complex realities faced by caregivers.
As discussions continue, the urgency for legislation that captures the nuances of these challenging situations becomes increasingly clear. The aim is to create a justice-oriented legal framework that not only holds individuals accountable but also fosters an environment where victims feel safe to report abuse without fear of severe repercussions.
