History

On January 1, 2002, Penal Code §1473.5 became law, making California the first state in the nation to permit battered women convicted of killing their batterers to file a writ of habeas corpus with evidence demonstrating how the battering and its effects led to the killing. Later that year, advocates who had fought for this change in the law came together to help women file the new petitions. The result was the “California Habeas Project,” a collaboration among Legal Services for Prisoners with Children, Free Battered Women, the California Women's Law Center, the USC Post Conviction Justice Project, and many committed volunteers.

The Legal Basis of the Habeas Project

In 1991, the California Evidence Code was amended to allow expert testimony regarding “intimate partner battering and its effects” (formerly referred to as “battered women’s syndrome,” or BWS) to be admitted as evidence in criminal cases. This law, however, only affected the trials of women after 1992, and was not retroactively applied.

In 2002, a new law went into effect (California Penal Code §1473.5) that initially allowed incarcerated survivors of domestic violence convicted of killing their abusive partners before 1992 to submit a petition for a writ of habeas corpus challenging their original conviction. Petitioners can seek a new trial, a reduced sentence, or another equitable remedy if expert testimony on “intimate partner battering and its effects” was not presented in their criminal case and they were prejudiced by its absence.

On January 1, 2005, this law was expanded further to allow incarcerated survivors of domestic violence convicted of any violent felony that occurred before August 29, 1996 to also petition for habeas relief if expert testimony on intimate partner battering and its effects was not presented in their case.

The Habeas Project Collaboration

In early 2002, Free Battered Women (formerly the California Coalition for Battered Women in Prison), Legal Services for Prisoners with Children (LSPC), the California Women’s Law Center (CWLC), and the USC Post-Conviction Justice Project (PCJP) established the Habeas Project to free battered women in California state prisons to under Penal Code §1473.5. In 2004, the Los Angeles County Public Defender’s office joined as a participating organization.

The Habeas Project recruits, trains, and supports volunteer legal teams (attorneys, advocates, investigators, and expert witnesses) and survivors of domestic violence to file habeas petitions for survivors who are eligible for relief under the law. The efforts of the Habeas Project have resulted in the release of dozens of battered women from California’s prisons, all of whom have already served over a decade behind bars.