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Written by: A. Smith
Published June 3, 2025 @ 11:29 AM ET
FULTON COUNTY, Ga. – A new law signed in May by Gov. Brian Kemp could offer a second chance to domestic violence survivors incarcerated for crimes tied to their abuse.
The Georgia Justice Survivor Act allows individuals who have already been convicted to present evidence in court showing they were victims of domestic violence. The law is retroactive, giving incarcerated survivors the opportunity to seek reduced sentences if they can prove their actions stemmed from prolonged physical, emotional or sexual abuse.
The bill, sponsored by Republican Rep. Stan Gunter, is designed to reflect what advocates say is a modern understanding of the dynamics of domestic violence. It makes it easier for survivors to introduce evidence of abuse that may not have been admissible under previous law.
“House Bill 582 would prevent survivors from serving long sentences for conduct needed for their own survival,” said Sen. Bo Hatchett, the Republican who carried the bill in the Senate. “House Bill 582 would allow Georgia’s criminal law to catch up with society’s modern understanding of domestic violence dynamics.”
Under the law, if a judge finds that domestic or dating violence or child abuse contributed to a crime that carries a minimum sentence of life in prison, the judge must impose a sentence between 10 and 30 years unless prosecutors agree to a lower term. For other felonies, survivors cannot be sentenced to more than half the maximum penalty. Those already serving time may request resentencing under the new provisions.
More than 100 women currently incarcerated in Georgia could be eligible for reduced sentences, according to the Georgia Coalition Against Domestic Violence. The group reports that between 74% and 95% of incarcerated women nationwide have experienced domestic or sexual abuse.
Advocates say the law is a long-overdue acknowledgment of the trauma many women in prison have endured and a critical step toward justice reform. Women of color are disproportionately affected, experts say, and are more likely to be imprisoned for crimes connected to abuse, including acts committed in self-defense or under coercion.
Georgia’s law is modeled after similar legislation in states including New York, Oklahoma, Illinois, and California. Supporters say it may help reduce stigma, reshape public perception and correct past injustices.
Several prosecutors initially opposed the bill, but the Prosecuting Attorneys’ Council later took a neutral stance after amendments increased the minimum sentencing range from one year to 10 years in certain cases.
Advocates say the act represents hope and healing for many women still behind bars, offering a long-needed path toward justice.
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