For decades, Georgia’s legal system punished domestic violence survivors twice — first by the people who abused them, and then by the courts that refused to hear their stories. Under the state’s previous self-defense laws, survivors could not present evidence of past abuse to a jury, and judges could not consider a history of violence when handing down sentences. 1 Women who fought back or acted under coercion were sentenced as if their abuse had never happened. Many received mandatory life sentences with no possibility of judicial mercy.
On May 12, 2025, Governor Brian Kemp signed the Georgia Survivor Justice Act (House Bill 582) into law. It took effect on July 1, 2025. 2 The law passed with overwhelming bipartisan support — only three dissenting votes across both chambers of the Georgia General Assembly. It was sponsored by Representative Stan Gunter (R-Blairsville), a former prosecutor and judge, and has been described as the most comprehensive survivor justice legislation in the nation. 3
This article is written for you — women and survivors currently incarcerated in Georgia’s prisons. It explains what the law does, who qualifies, how to petition for resentencing, and where to find free legal help. This may be the most important legal development for incarcerated survivors in Georgia’s history. Read it carefully, share it, and take action.
Why This Law Matters
The numbers tell a story the system has tried to hide. Between 74% and 95% of incarcerated women have experienced domestic or sexual violence in their lifetime. Approximately 70% of women in prisons and jails report prior experiences of intimate partner violence — ranging from threats and intimidation to physical and sexual assault. 4 More than half of women serving life sentences in Georgia are victims of abuse.
Over 190,000 women are incarcerated across the United States. Female incarceration increased 700% between 1980 and 2016 — growing at double the rate of male incarceration. The Georgia Commission on Family Violence documented an alarming trend in a 2024 report: women in Georgia are being arrested at higher rates in domestic violence cases, despite typically being the victims. 5
“It is really rare that my Black female clients are given any sort of leniency in sentencing. If they can be maxed out, they’re being maxed out.” — Ellie Williams, Legal Director, Georgia Coalition Against Domestic Violence
Women of color who survive abuse are especially likely to end up in prison. The Survivor Justice Act was designed to begin correcting this injustice.
The Four Pillars of HB 582
The Georgia Survivor Justice Act rests on four key pillars. Each one addresses a different piece of the system that failed survivors.
Pillar 1: Modernized Self-Defense
Under O.C.G.A. §§ 16-3-21(d) and 16-3-26, survivors can now present the full context of their abuse history when claiming self-defense. The old law required proof that you feared imminent harm at the precise moment you acted. The new law recognizes that domestic violence creates a cumulative pattern of fear and danger that does not begin and end in a single moment.
Pillar 2: Updated Coercion Defense
O.C.G.A. § 16-3-26 now allows the coercion defense in more situations where a person believes their actions were necessary to prevent death or serious bodily injury. This is critical for survivors who were forced by their abusers to participate in criminal activity.
Pillar 3: Sentence Mitigation at Trial
Under O.C.G.A. §§ 17-10-1(f) and 17-10-22, if a survivor is convicted despite presenting their abuse history, the law provides for reduced sentences. For offenses normally punishable by life or death, sentences can be reduced to 10 to 30 years with parole eligibility. For other offenses, sentences range from 1 year to half the maximum that would normally apply.
Pillar 4: Retroactive Resentencing
This is the provision that matters most for people already in prison. Under O.C.G.A. § 17-10-1(g)(2), people currently serving sentences for offenses committed before July 1, 2025 may petition for resentencing. Advocates estimate that over 100 women currently in Georgia prisons could receive shorter sentences under this provision, and hundreds of other incarcerated Georgians may also be eligible.
How Resentencing Works: A Step-by-Step Guide
If you are currently incarcerated and believe your offense was connected to a history of domestic violence, dating violence, or child abuse, here is what you need to know about the resentencing process.
Who Can Petition
You may petition for resentencing if you are a survivor of family violence, dating violence, or child abuse, and your offense was committed before July 1, 2025. You must be able to demonstrate that your history of abuse was connected to the offense for which you were convicted.
How Many Times You Can Petition
You have the right to file one petition using the same evidence that was presented at your original trial. If you have new evidence that was never part of the court record — such as medical records, witness statements, police reports, therapist records, or documentation of abuse that your original attorney never presented — you may file additional petitions.
Two Pathways to Resentencing
Pathway 1 — Without Prosecutor Consent: You must demonstrate two things: (a) that you are a survivor of family violence, dating violence, or child abuse, AND (b) that the history of abuse was a “significant contributing factor” to the offense. This is the higher standard.
Pathway 2 — With Prosecutor Consent: If the prosecutor in your original case agrees to resentencing, you need only show that resentencing is in the “best interests of justice.” There are no strict evidentiary standards when the prosecutor consents. This was the pathway used in the first successful case under the law.
Getting a Hearing
The law includes a legal presumption in favor of granting a hearing. The court must grant your hearing unless there are serious doubts about the truthfulness of your petition. The law also includes deadlines for the prosecutor’s response and for scheduling the hearing, so your petition cannot be ignored indefinitely. All judgments require written orders and are appealable.
What Evidence Is Allowed
The law allows a broader range of evidence than most legal proceedings. Any evidence relevant to your petition is admissible, including hearsay and character evidence. This means that statements from family members, friends, medical professionals, and others who knew about the abuse may be presented even if those individuals are not available to testify in person.
Nicole Boynton: The First Person Released
On January 5, 2026, Nicole Boynton became the first person released under the Georgia Survivor Justice Act. 6 A Cobb County judge vacated her life sentence and resentenced her to time served after 23 years of incarceration.
Boynton was 18 years old in 1999 when she stabbed her then-boyfriend, Ronnie Moss II, during a physical altercation at their Cobb County home. He died. She had endured years of physical and sexual abuse throughout their two-year relationship, with a history of abuse beginning in childhood from other perpetrators. Her resentencing petition described horrific incidents of abuse.
Boynton was convicted in 2002 of felony murder and aggravated assault. Under Georgia law at the time, felony murder carried an automatic life sentence with no judicial discretion — the judge had no choice but to impose life, regardless of the circumstances.
The Cobb County district attorney consented to the resentencing. Attorneys from Alston and Bird law firm, working with GCADV’s Justice for Incarcerated Survivors program, handled her case. She was released with no state supervision.
“Now that I think about it, I’ve been abused more in prison than what actually came from my partner.” — Nicole Boynton
Doug Ammar, executive director of the Georgia Justice Project, described the result as historically powerful — working on a bill, getting it passed and signed, and having someone released under it within 12 months. 7
Building the Strongest Possible Petition
GCADV and the Georgia Justice Project strongly recommend putting your best foot forward. Your petition should include as much evidence as possible and connect as strongly as possible to the “significant contributing factor” legal standard. Remember: if you were already incarcerated as of July 1, 2025, you only have one guaranteed opportunity to petition based on the same evidence the court already has. Make it count.
Evidence to Gather
Start collecting and documenting everything you can:
- Medical records showing injuries consistent with abuse
- Police reports or 911 call records from domestic violence incidents
- Protective orders or restraining orders
- Statements from family members, friends, neighbors, or clergy who witnessed the abuse or its effects
- Records from domestic violence shelters, hotlines, or programs
- Mental health records documenting trauma, PTSD, or the effects of abuse
- Letters, photographs, or any documentation of the abusive relationship
- Records from DFCS or child protective services if children were involved
- Any documentation your original attorney failed to present at trial
The Ineffective Assistance of Counsel Angle
If your original attorney failed to investigate your history of domestic violence, failed to present evidence of abuse at trial, or failed to raise self-defense or coercion as a defense, this may constitute ineffective assistance of counsel (IAC) under the standard established in Strickland v. Washington. 8
This matters for your resentencing petition because an IAC issue can help establish that evidence of abuse qualifies as “new to the court record” even if the abuse itself is not new. This could entitle you to file additional petitions beyond your one guaranteed opportunity. Georgia follows the Strickland standard, and under prevailing professional norms, defense counsel is expected to investigate a client’s background — particularly when the case involves potential defenses or mitigating factors related to abuse. 9
An IAC claim has no statute of limitations in Georgia when raised in a habeas corpus petition, though filing sooner is always better.
Where to Get Free Legal Help
Several organizations are providing legal assistance and support for survivors seeking resentencing. Here is a current guide to the resources available.
Georgia Coalition Against Domestic Violence (GCADV)
GCADV is providing free legal representation for resentencing petitions through its Justice for Incarcerated Survivors program. As of early 2026, GCADV and the Georgia Justice Project announced they would begin accepting resentencing clients, though their resource hub indicates they may still be ramping up. Visit gcadv.org/sji or contact Ellie Williams, Legal Director, at ewilliams@gcadv.org or (864) 349-8834.
Georgia Justice Project (GJP)
GJP is one of the three core partners of the Survivor Justice Initiative, alongside GCADV and Igniting Hope GA. Visit gjp.org or contact their Policy Director at wade@gjp.org or (404) 827-0027.
Battered Women’s Justice Project (BWJP)
The National Defense Center for Criminalized Survivors provides case-specific technical assistance, resources, and support to defense teams. Important: BWJP does not provide direct legal representation, but they can support your attorney or legal team. They also correspond directly with incarcerated and formerly incarcerated survivors. Visit bwjp.org/our-work/national-defense-center-for-criminalized-survivors.
Survivor Reentry Project (Freedom Network USA)
This program connects survivors to pro bono lawyers for post-conviction relief. Note: intake is currently paused until May 1, 2026, and the program primarily serves trafficking survivors — though it may overlap for individuals who experienced both domestic violence and trafficking. Georgia is listed among states with acute need for pro bono attorneys. Visit freedomnetworkusa.org/advocacy/survivor-reentry-project.
Women on the Rise GA
A membership-based grassroots organization led by and for formerly incarcerated Black women. Led by Executive Director Robyn Hasan-Simpson, herself a formerly incarcerated DV survivor who served 10 years. Provides community organizing, peer support, reentry assistance, biweekly support groups, and a Welcome Home Fund. Visit womenontherisega.org.
What Georgia Learned From Other States
Georgia is not the first state to pass survivor justice legislation, but it may have learned the most from those that came before. New York passed its Domestic Violence Survivors Justice Act in 2019. As of early 2025, at least 71 people had received sentence reductions under that law, while 85 applications were denied. California, Illinois, and Oklahoma passed similar laws in 2024.
Georgia’s law is considered the most comprehensive because it addresses the full spectrum: modernized self-defense, updated coercion defenses, sentence mitigation at trial, and retroactive resentencing. Other states’ laws have notable limitations — for example, Illinois does not allow sentencing below mandatory minimums. As of February 2026, Michigan advocates were pressing for their own survivor justice legislation modeled on Georgia’s law.
What Comes Next
The Survivor Justice Act is a landmark, but a law is only as powerful as the people who use it. The Survivor Justice Initiative — formed by GCADV, the Georgia Justice Project, and Igniting Hope GA — continues to work on implementation, training, and outreach. 10
If you are incarcerated in Georgia and believe you may qualify for resentencing under HB 582, do not wait. Begin gathering evidence now. Reach out to the organizations listed above. Talk to your family members about collecting documentation on the outside. If you have a public defender or attorney, ask them specifically about the Survivor Justice Act.
The door is open. The question is whether enough women will walk through it.
Explore the Data
GPS makes GDC statistics accessible to the public through several resources:
- GPS Statistics Portal — Interactive dashboards translating complex GDC reports into accessible formats, updated within days of official releases.
- GPS Lighthouse AI — Ask questions about Georgia’s prison system and get answers drawn from GPS’s investigative archive and data analysis.
- Machine-Readable Pages for Researchers — GPS maintains AI-optimized pages for data analysis:
- AI Content Index — https://gps.press/ai-index/
- Facilities Data — https://gps.press/facilities-data/
- Statistics Data — https://gps.press/statistics-data/
- Release Statistics Data — https://gps.press/release-statistics-data/
- Mortality Data — https://gps.press/mortality-data/
- Blog Data — https://gps.press/blog-data/
- GPS News Data — https://gps.press/gps-news-data/
- FAQ Index — https://gps.press/faq-index/
- Featured Articles Index — https://gps.press/featured-index/
- Length of Stay Data — https://gps.press/los-data/
- Drug Admission Profiles — https://gps.press/drug-data/
- Commissary Pricing Data — https://gps.press/commissary-data/
Contact GPS at media@gps.press for access to underlying datasets used in this analysis.
Further Reading
Pulaski State Prison Crisis: Untested Warden, Deadly History
An investigation into the conditions at Georgia’s largest women’s prison, where systemic failures put incarcerated women at risk.
The Death of Habeas Corpus Is Killing Innocent People
How the erosion of habeas corpus rights has trapped people in prison — and why post-conviction relief matters more than ever.
Georgia’s Shadow Sentencing System
An examination of how Georgia’s sentencing practices operate behind closed doors, imposing hidden punishments with no transparency.
Sheqweetta Vaughan’s Death at Arrendale Prison: Another Tragedy of Neglect in Georgia
The story of a woman who died inside a Georgia women’s facility due to medical neglect — a pattern that continues unchecked.
Invisible Scars: How Georgia’s Prisons Perpetuate Trauma and Abuse
How Georgia’s prison system retraumatizes survivors of violence, compounding the harm they experienced before incarceration.
Above the Law: GDC Defies Courts, DOJ, and Legislators
A comprehensive look at how the Georgia Department of Corrections operates with impunity, ignoring court orders and oversight.
About Georgia Prisoners’ Speak (GPS)
Georgia Prisoners’ Speak (GPS) is a nonprofit investigative newsroom built in partnership with incarcerated reporters, families, advocates, and data analysts. Operating independently from the Georgia Department of Corrections, GPS documents the truth the state refuses to acknowledge: extreme violence, fatal medical neglect, gang-controlled dorms, collapsed staffing, fraudulent reporting practices, and unconstitutional conditions across Georgia’s prisons.
Through confidential reporting channels, secure communication, evidence verification, public-records requests, legislative research, and professional investigative standards, GPS provides the transparency the system lacks. Our mission is to expose abuses, protect incarcerated people, support families, and push Georgia toward meaningful reform based on human rights, evidence, and public accountability.
Every article is part of a larger fight — to end the silence, reveal the truth, and demand justice.
Footnotes
- GCADV Survivor Justice Act Resource Hub https://gcadv.org/sji/sja-resource-hub/ [↩]
- Associated Press, Georgia bill to reduce prison sentences for domestic violence survivors https://www.atlantanewsfirst.com/2025/04/03/georgia-bill-reduce-prison-sentences-domestic-violence-survivors-its-way-becoming-law/ [↩]
- The Marshall Project, Georgia’s Bipartisan Push To Reform Sentences For Abuse Survivors https://www.themarshallproject.org/2025/04/12/women-georgia-abuse-domestic-violence [↩]
- R Street Institute, Testimony in Support of HB 582 https://www.rstreet.org/outreach/testimony-in-support-of-hb-582-georgia-survivor-justice-act/ [↩]
- Georgia Commission on Family Violence, Data Resources https://gcfv.georgia.gov/resources/data [↩]
- The 19th News, A Black woman’s freedom marks the first test of Georgia’s Survivor Justice Act https://19thnews.org/2026/02/georgia-survivor-justice-act-nicole-boynton/ [↩]
- 11Alive, After 23 years, she’s free: Nicole Boynton’s path to hope https://www.11alive.com/article/news/community/after-23-years-shes-free-nicole-boyntons-path-to-hope-under-georgias-survivor-justice-act/85-60abc272-c160-4fb3-9794-2b7dcfbfab72 [↩]
- Legal Information Institute, Cornell Law, Ineffective Assistance of Counsel https://www.law.cornell.edu/wex/ineffective_assistance_of_counsel [↩]
- Barkan Research, Georgia’s Ineffective Assistance Standards https://barkanresearch.com/iac-georgia/ [↩]
- Capital B News Atlanta, Georgia Law Gives Abuse Survivors Second Chances https://atlanta.capitalbnews.org/georgia-survivor-justice-law-domestic-violence-reentry/ [↩]