By Dr. Emily Bonistall Postel, Ph.D., State Director, Marsy’s Law for Kentucky
A victim of domestic violence who knows she has the constitutional right to be notified if her abuser is released. Parents whose murdered child is honored through their right to be consulted by the prosecutor before a plea deal is offered. A survivor standing in court, reading her victim impact statement aloud— able to speak her truth and be heard by the judge, the defendant, and the community.
These moments occur daily in Kentucky. But before 2020, they did not.
Five years ago, more than 1.1 million Kentuckians – 63 percent of voters – voted “yes” on Marsy’s Law, a constitutional amendment ensuring victims of crime have meaningful, enforceable rights.
The law is named for Marsalee “Marsy” Nicholas, a young woman from California who was stalked and murdered by her ex-boyfriend in 1983. A week after her funeral, Marsy’s mother was confronted by the killer – unaware he had been released on bail. That devastating moment inspired her brother, Dr. Henry Nicholas, to champion a national movement to secure equal rights for crime victims across the country.
On November 3, 2020, voters ensured the inclusion, participation and respect of crime victims and their families as they navigate the criminal justice system. And the Commonwealth joined more than 35 states in recognizing victims’ rights at the highest level of law.
In communities across Kentucky, Marsy’s Law has evolved from constitutional principle to daily practice. Prosecutors, law enforcement officers, victim advocates, judges, and service providers have worked together to bring these rights to reality.
I’ve had the privilege of witnessing the many ways Marsy’s Law reshaped what justice looks and feels like in Kentucky. I’ve seen it invoked to protect victims’ dignity, participation, and presence in every corner of the system.
In 2021, when a parole board directive threatened to reopen decades-old cases and force families to relive their trauma, prosecutors and the attorney general stood up for victims’ constitutional rights—arguing that notice, participation, and dignity are not privileges but promises. The directive was rescinded, preserving closure for families who had suffered enough.
When continuances in a murder case stretched for years, the victim’s daughter filed a motion with the court to assert the right to proceedings free from unreasonable delay. And when a mother was denied the chance to read a victim impact statement on behalf of her murdered son, prosecutors filed a motion affirming her right to be heard under Marsy’s Law.
Marsy’s Law is also making an impact in ways that go beyond individual cases. Across Kentucky, it’s prompting communities to examine whether their systems are structured to uphold victims’ rights automatically – without requiring victims to fight for them. Our team has been invited to help local agencies review and update their policies and procedures to ensure that Marsy’s Law is not just something victims invoke, but something the system itself practices. That’s when we know it’s working – not when a right has to be asserted, but when it’s already protected.
Kentucky’s Supreme Court has also helped clarify how Marsy’s Law operates within the broader framework of justice. Through several opinions during the past five years, the court has recognized that victims’ rights and defendants’ rights can coexist within the same constitutional space – ensuring fairness, balance, and due process for everyone involved. These rulings illustrate how Marsy’s Law can be applied in ways that strengthen participation and uphold the integrity of Kentucky’s judicial process.
That belief is taking root across Kentucky. Prosecutors are calling victims before plea negotiations. Law enforcement officers are explaining rights at the scene. Advocates are ensuring survivors have a voice. This quiet transformation is the real success story. Because justice isn’t measured only by verdicts – it’s measured by how people are treated along the way.
Thousands of Kentuckians – prosecutors, judges, law enforcement officers, advocates, and survivors – have worked tirelessly to bring these rights to life. They’ve built bridges between systems that once worked in silos and reminded us that justice works best when it’s grounded in both strength and compassion.
We still have work to do. Every victim in every county deserves access to these protections. We must continue to strengthen implementation, expand training, and ensure our systems uphold not just the letter of the law, but its spirit.
Today, I see the same truth that inspired this movement: Kindness and justice are not competing values – they are the same fight.
Marsy’s Law has provided Kentucky more than a constitutional amendment. It has provided a framework for a belief – a belief that when we protect the rights of victims, we strengthen the promise of justice for everyone.
Dr. Emily Bonistall Postel, Ph.D., is a sociologist and the State Director of Marsy’s Law for Kentucky. She works with survivors, prosecutors, and advocates statewide to strengthen victims’ rights and advance trauma-informed justice.
