Will people who claim they are victims but who actually aren’t abuse Marsy’s Law?
The right to be heard by the court should not be confused with the right to be believed. Under Marsy’s Law for Kentucky, people have no more opportunity to falsely claim victimhood than they do under current laws. The court retains discretion and remains free to determine that an individual is not a victim, stopping that person from invoking any rights under Marsy’s Law. Additionally, there is absolutely no data to show increasing the level of legal protection provided to victims’ increases the instance of false victim claims.