Written by: A. Smith
Published on June 3, 2025 at 11:29 a.m.
Fulton County, GA. – A new law signed by governor Brian Kemp in May could offer a second opportunity for survivors of domestic violence that are detained because of their abuse.
The Georgia Justice Survivor Act Allows people who have already been convicted to present evidence in court that show that they were victims of domestic violence. The law is retrospectively and gives detainees the opportunity to search for reduced sentences if they can prove that their actions are due to longer physical, emotional or sexual abuse.
The legislative template sponsored by Republican Rep. Stan Gunter is intended to reflect what is a modern understanding of the dynamics of domestic violence for lawyers. It makes it easier for the survivors to introduce evidence of abuse that may not have been permitted under previous law.
“House Bill 582 would prevent the survivors from serving long behaviors that are needed for their own survival,” said Senator Bo Hatchett, the Republican, who was draftation in the Senate. “House Bill 582 would enable Georgia's criminal law to make the modern understanding of the society for domestic violence.”
If a judge determines that domestic or dated violence or child abuse has contributed to a crime that has a minimum penalty in prison, the judge must impose a punishment between 10 and 30 years, unless the prosecutors agree to a lower term. In other crimes, survivors cannot be convicted of more than half of the maximum punishment. Those who already serve a time can apply for a new transition according to the new provisions.
According to the Georgia Coalition against domestic violence, more than 100 women could be detained in Georgia. The group reports that between 74% and 95% of the detained women have experienced domestic or sexual abuse nationwide.
Proponents say that the law is a lengthy recognition of the trauma that many women have endured in prison, and a critical step towards justice reform. Women with color are disproportionately affected, say experts and are more imprisoned for crimes associated with abuse, including the actions committed in self -defense or compulsory actions.
The Georgia's law is modeled on laws in states such as New York, Oklahoma, Illinois and California. Followers say that this can help reduce the Stigma, to change public perception and to correct previous injustices.
Several prosecutors initially rejected the legislative template, but the prosecutor later hired a neutral attitude after changes in certain cases increased the minimum conviction from one year to 10 years.
Proponents say that the action is still hope and healing for many women and offers a long -needed path to justice.
