Michigan reported more than 68,000 incidents of domestic violence in 2024, resulting in over 74,000 victims and approximately 80 related murders and manslaughters each year. The state also ranked among the top ten nationally for human trafficking cases with 340 confirmed cases and identified more than 23,000 children as victims of abuse or neglect during a recent reporting year.
Supporters say these statistics highlight a need for legislative reform that would allow courts to consider evidence of victimization—such as domestic violence, human trafficking, or child abuse—as mitigating factors during criminal sentencing when the abuse contributed to the offense. “At its core, survivors’ justice legislation allows courts to consider evidence of victimization…as a mitigating factor in criminal sentencing when that abuse was a significant contributing factor to the offense,” advocates said. Such laws maintain judicial discretion and require defendants to meet evidentiary standards.
Several states have enacted similar laws with bipartisan support. A model Survivor Justice Act has been adopted by the American Legislative Exchange Council. States like Georgia, New York, New Jersey, and Oklahoma have implemented versions tailored to their legal frameworks while preserving the principle that sentencing should account for defendants’ experiences.
In Michigan specifically, research shows between 70 and 95 percent of incarcerated women have experienced domestic or sexual violence. The state incarcerates women at a rate higher than most countries globally; its female prison population more than tripled between 1978 and 2017. Advocates note that one in three families is impacted by domestic violence and most intimate partner homicides occur after relationships end.
Human trafficking further complicates this issue: traffickers often target individuals already affected by prior abuse or neglect. Survivors coerced into illegal activities are routinely prosecuted without consideration of their exploitation—a gap supporters say could be addressed through survivors’ justice legislation.
Critics raise concerns about frivolous petitions or emotional strain on victims’ families but proponents argue these can be addressed through sufficient evidentiary standards and procedural safeguards built into well-designed laws. Data from other states shows reduced sentences under such acts do not compromise public safety; instead they allow resources to focus on greater threats while reuniting families.
Michigan has taken some steps toward supporting survivors—including operating a human trafficking commission since 2015—but legislative efforts aimed at expanding protections have stalled in committee despite bipartisan Senate approval last year. Proponents urge law enforcement leaders and prosecutors be involved as stakeholders shaping future policy reforms so new frameworks reflect practical realities within Michigan’s justice system.
