In Atlanta, Mary Favors continues to be haunted by the memories of the horrific abuse she endured at the hands of her husband. Plagued by physical, verbal, and sexual assaults, she now finds herself serving time in prison for his death. Their tumultuous relationship often escalated into violence, with him being convicted multiple times for abusing her. One fateful night in April 2011, Favors had locked herself in their bedroom with a knife for protection when he barged in. In the midst of the struggle, he ended up stabbed, a charge she now faces time for, although she contends he leapt onto the knife during the confrontation.
Favors, now 58, contends that everything happened in the blink of an eye and recalls feeling like her life was hanging in the balance. Statistics indicate a staggering 74% to 95% of imprisoned women have survived domestic or sexual violence. These women frequently lack adequate opportunities during their trials to highlight the extent of abuse and how it influenced their actions. Critics note the judicial system’s harsh laws often disproportionately target abused women, and women of color like Favors face an amplified risk of incarceration.
The Georgia Survivor Justice Act, which has found extensive bipartisan support in the state’s House, aims to provide a lifeline, promising early release for those who can link their crimes directly to experiences of abuse. If passed by the Senate, the bill would allow judges to reexamine sentences, potentially resulting in reduced terms for those imprisoned. It also seeks to broaden the scope of evidence that can be used in court to support claims of abuse. This legislative push aligns with a national trend in states like New York, California, and Illinois, which are re-evaluating sentencing for abuse survivors.
Given the threat of a life sentence on charges including murder, Favors opted to plead guilty to voluntary manslaughter and other offenses, receiving 20 years plus five additional years of probation for weapon possession. For many other incarcerated survivors, life sentences remain the grim reality. Legal experts like Rebecca Epstein from Georgetown Law emphasize the complex overlap between being a victim and a suspect, especially as women face legal repercussions for the violence they’ve suffered.
Leigh Goodmark, a University of Maryland law professor, indicates that trauma-induced split-second decisions are often misinterpreted by jurors and judges, coloring perceptions negatively. Ellie Williams, legal director at the Georgia Coalition Against Domestic Violence, spearheads efforts to update outdated views within the legal system that frequently obscure the real dynamics of abuse.
Georgia’s proposed bill offers hope for affected individuals, mandating that minimum life sentences linked to abuse could be reduced to 10-30 years. Other felony sentences would be capped at half the potential maximum, offering a chance at resentencing for those already imprisoned. The legislation also aims to facilitate a better understanding of cases involving self-defense or coercion into crime, which are prevalent scenarios.
Politically, the bill is carefully navigated, with some district attorneys voicing their opposition, fearing backlash from victims’ families. However, the proposal stands as a testament to a broader push for judicial reform, even as changes spark diverse reactions.
New York’s 2019 legislative changes have already led to over 70 sentence reductions, and Oklahoma has similarly begun to see the effects of its reforms. Challenges persist, as not all legislative efforts, particularly those surrounding harsh ‘failure to protect’ laws, have succeeded. Mary Favors, whose past was marred by abuse, looks forward to a future where she can give back—imagining herself supporting other survivors at a women’s shelter, while drawing strength from her faith and education attained behind bars. Her story is one of survival and an ongoing struggle for justice and redemption.