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She says she killed her husband after years of enduring his abuse. A new Georgia law could reduce her sentence.
She says she killed her husband after years of enduring his abuse. A new Georgia law could reduce her sentence.

CBS News

time2 days ago

  • CBS News

She says she killed her husband after years of enduring his abuse. A new Georgia law could reduce her sentence.

In January 1999, Latoya Dickens' fight with her husband turned deadly. "I did not intentionally stab and kill my husband. We struggled over the knife. He was stabbed one time and died three days later," Dickens said. Dickens was convicted of felony murder and served 25 years in prison. She'll be on parole for the rest of her life. But Dickens says at no point did Georgia courts consider her backstory: for years, she says, her husband physically abused her. "I'll never forget this one day, he got so angry with me, he lifted me up waist high and threw me off a porch while I was eight months pregnant," Dickens said. She said her husband got physical "at least about 10 times out of the month," which made her afraid "most of the time." Those in a similar position who are still in jail could soon see some relief in Georgia. A new law passed in Georgia called the Survivor Justice Act would allow domestic violence survivors to ask for lower sentences in court if they can present evidence that abuse led them to commit their crimes. Under the law, Dickens' sentence could have been as little as 10 years. Republican state Rep. Stan Gunter sponsored the bill, which passed overwhelmingly in Georgia's Legislature and was signed by Gov. Brian Kemp last month. "We weren't looking at the whole picture. We were just getting bits and pieces of it, and it wasn't enough to make a good, clear decision on how to treat these people," Gunter said. "This is not a get out of jail free card. They still have to serve a portion of the sentence," he added. Nationally, more than 70% of incarcerated women report enduring violence from their intimate partners, according to the Council on Criminal Justice. In Georgia, hundreds of women behind bars could be resentenced under the new law. Three other states — Oklahoma, New York and Illinois — have similar laws, and six more are considering one, according to the Georgia Coalition Against Domestic Violence. "It gives people an incredible amount of hope that they have not had," said Ellie Williams, legal director of the Justice for Incarcerated Survivors Program. Dickens still wants a court to hear evidence she killed her husband in self-defense. "I felt like I deserved to serve some time, but not 25 years," Dickens said. She says she hopes the new law can allow the legal system to "examine the facts and determine whether I should be off parole." "I want a fair chance at rebuilding my life," Dickens said.

New Georgia law offers hope to domestic violence survivors behind bars
New Georgia law offers hope to domestic violence survivors behind bars

Yahoo

time16-05-2025

  • Yahoo

New Georgia law offers hope to domestic violence survivors behind bars

The Brief A new Georgia law allows incarcerated domestic violence survivors to present evidence of past abuse to seek reduced sentences, even if they've already been convicted. The Georgia Justice Survivor Act is retroactive and could help the majority of women in prison, as studies show 74% to 95% have experienced domestic or sexual violence. Survivor Latoya Dickens, who served time for killing her abusive husband, hopes the new law will help clear her record and end her parole, offering her full freedom. ATLANTA - A new Georgia law signed by Gov. Brian Kemp this week could change the lives of many women incarcerated for crimes connected to domestic abuse. What we know The Georgia Justice Survivor Act allows survivors of domestic violence to introduce evidence of abuse in court, even if they have already been sentenced—marking a significant shift in how the justice system treats victims who took action to protect themselves or their children. The law is retroactive, meaning women currently in prison can petition for reduced sentences if they can demonstrate their actions stemmed from years of physical, emotional, or sexual abuse. Advocates say the measure brings long-overdue recognition to the reality that many incarcerated women were acting in self-defense or under extreme duress. Survivor and advocate Latoya Dickens is one such woman. She served time for the fatal stabbing of her husband—an act she says was a desperate attempt to escape further abuse. Her history of domestic violence was never introduced in court. Although she is now out of prison and on parole, she hopes the new law will allow her case to be re-examined and her felony murder charge removed, giving her a chance at full freedom. "I hope that this is a door opener to getting my case maybe reviewed and maybe take the felony murder off my record so I can potentially come off parole," Dickens said. "I would love to have my full freedom back where I can do more for myself and my community." What they're saying "I didn't really want to hurt him. I just didn't want to be hurt again," Dickens said. According to the Georgia Coalition Against Domestic Violence, between 74% and 95% of incarcerated women have experienced domestic or sexual violence. The nonprofit organization Women on the Rise is working to ensure affected women are aware of their rights under the new law. "This law now says we will recognize that you were trying to survive and we will not criminalize you for doing that," said Robyn Hasan-Simpson, executive director of Women on the Rise. "I most definitely would not have ended up incarcerated, and I was pregnant at that time so I wouldn't have to have spent half my pregnancy in the county jail either. So even though it's not something that can be retroactively changed in my life, I'm happy that going forward a lot of women won't experience what I did experience," survivor Britney Smith said. "It will change people's whole life definitely," Hasan-Simpson agreed. Why you should care Advocates say the Georgia Justice Survivor Act could be life-changing, offering a path to freedom and healing for countless survivors. Georgia's new law is similar to laws in a handful of states, including New York's law that is now part of the Diddy trial. So, there's a lot of hope here in Georgia that this law could help take away the stigma and change the conversation around domestic violence.

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