Georgia Justice System Should Protect Survivors, Not Punish Them

Someone in Georgia loses their life to domestic violence nearly every 48 hours. More than 35 percent of women in the state have experienced intimate partner violence, yet the legal system often punishes survivors instead of protecting them. Research shows that police often arrest domestic violence survivors for defending themselves against their abusers. Many are sentenced without a judge or jury ever hearing about the years of abuse they endured. Others are coerced into crimes by their abuser and later face mandatory sentences that fail to consider their dire circumstances.

Consequently, Georgia’s female incarceration rate has quintupled in the past 30 years and continues to rise. Research suggests that more than two-thirds of these women are survivors of domestic or sexual violence. Worse, most are likely mothers—and many primary caregivers—leaving children with the abuser or without a parent at all. Georgia’s justice system was not built to recognize these realities, but legislation already passed by the House can fix that.

The Georgia Survivor Justice Act (HB 582) ensures that courts consider abuse evidence in self-defense and coercion cases, expands resentencing opportunities for survivors, and allows courts to weigh the full context of domestic violence in sentencing. No survivor should spend excessive time in prison simply for trying to survive. It is time for Georgia to deliver justice that accounts for the whole story.

Why the Survivors Act Matters for Georgia

It aligns self-defense and coercion laws with the realities of domestic violence

• Georgia law rightly upholds the right to self-defense; however, it was designed around male-centered violence and fails to consider how prolonged abuse that instills fear and desperation can shape a survivor’s actions.
• Traditional self-defense and coercion laws are based on immediate threats, often overlooking how survivors of domestic violence might act in self-preservation after repeated harm. This disproportionately affects women defending themselves and/or their children.
• Courts must consider all evidence of abuse—not just the outdated signs of Battered Woman Syndrome—so that judges and juries can make informed decisions.
• It is unreasonable to suggest that a defense is valid only if the abuser dies. Expanding these protections beyond deadly force ensures justice in all cases where the victim fights to survive.

It allows judges to consider abuse for more appropriate sentencing

• This does not eliminate accountability; rather, it ensures sentencing fits the circumstances by allowing judges to consider the abuse instead of abiding by mandatory minimums.
• Over-incarceration of survivors devastates families and weakens communities. Trauma-informed rehabilitation is more effective than long-term incarceration for survivors who pose little public safety risk.

It creates a responsible resentencing process

• Georgia courts have been unable to consider abuse history adequately, leading to uninformed sentences. HB 582 allows courts to review these cases—either at a prosecutor’s request or with sufficient evidence—and reconsider sentences for those who no longer pose a risk.
• Each year, Georgia spends about $25,000 per person on incarceration. States like Oklahoma have already adopted similar changes, and other states, such as Missouri, are considering them. By following suit, Georgia can reduce wasteful spending and improve government efficiency.

Additional Resources

• “Confronting the Women’s Incarceration Crisis”
• “Testimony in Support of HB 582, ‘Georgia Survivor Justice Act’”
• “Spotlight on Criminal Justice: Observing National Domestic Violence Awareness Month – October”