The days when Jessica Matthews endured verbal, physical and sexual abuse at the hands of her partner continue to haunt her. Currently incarcerated for his fatal assault, she claims it was an act of self-defense. Escalations of their verbal disputes to physical violence were frequent, resulting in her partner being convicted of domestic abuse five times. On one particularly distressing evening in April 2011, Jessica found herself being pursued to her bedroom amidst his barrage of insults and violent behavior. Having experienced her door being kicked down previously, she fastened it shut with a string, arming herself with a knife to reinforce her defense. What unfolded as he broke in and advanced, ignoring her pleas to retreat, was fatal.
It was like a blink of an eye,” recalls Matthews, now 58 years old. “I genuinely believed my life was in danger.” Figures from the Georgia Coalition Against Domestic Violence suggest that between a staggering 74% to 95% of women prisoners have been victims of domestic or sexual abuse. Yet, they received their sentences without adequate opportunity to demonstrate how the abuse influenced their reactions, defensively or otherwise. Many were forced into criminal behavior. However, the societal response to abuse survivors, particularly women of color like Matthews, is often skeptical, leading to a disproportionately high risk of imprisonment.
There’s hope in the form of The Georgia Survivor Justice Act. Having earned substantial bipartisan support that led to its passage through the state House, the legislation is pending confirmation from the Senate as the session concludes. The Act’s main feature is enabling early prison release for abuse survivors.
The proposed law challenges conventional sentencing, calling for reduced sentence lengths for individuals who can convincingly link their offenses to domestic abuse. It also seeks to widen the scope of acceptable supporting evidence. This policy change reflects a larger shift towards reform, mirroring similar movements across the United States. New York, California, Illinois, and Oklahoma have already ratified laws designed to lessen sentences for abuse victims facing charges or convictions. Other states including Missouri, Connecticut, and Massachusetts are contemplating adopting similar laws.
Matthews, looking at a possible life sentence for charges including murder, accepted guilt on a less severe charge of voluntary manslaughter, among other charges. Subsequently, she was handed a 20-year sentence for the act itself and additional five years on probation for possession of the knife. It is far from uncommon for survivors like her to have life sentences.
The lines delineating victim and perpetrator often blur when women and girls are penalized for reacting against their experienced sexual violence,” expressed Rebecca Epstein, the executive director at Georgetown Law’s Center on Gender Justice and Opportunity.
Reacting to her partner’s death, Matthews attempted to dispose of his body. Such abrupt decisions by victims often result from trauma and can influence the perception of judges, prosecutors, and jurors. Georgia’s existing law strictly defines how domestic abuse evidence can be admitted. The new bill aims to soften these restrictions.
The importance of seemingly minor details is often overlooked, but they can offer insights into the complex dynamics of abuse,” said Ellie Williams, legal director of the Georgia Coalition Against Domestic Violence. “This legislation advocates for those nuances to be recognized and considered.”
If the new Act is passed, it will essentially grant judges the power to reduce sentences. In cases where a crime linked to family or dating violence, or child abuse mandates life imprisonment, the judge would be able to dispense a sentence ranging from 10 to 30 years instead. For other felonies, the judge would not be in a position to sentence the defendant to more than half the duration they could have imposed. Those already in prison would also have the possibility to request a sentence revision under the proposed law.
The legislation also aims at making it easier for courts to regard domestic abuse in cases involving self-defense or coercion into committing a crime, occurrences that are not rare.
This bill shouldn’t be perceived as a loophole to avoid justice,” emphasized Rep. Stan Gunter, the bill’s sponsor. Previous occasions where house votes on this bill took place have been known to draw significant opposition from district attorneys.
In New York, The Survivors Justice Project reports that at least 71 inmates have benefited from sentence reductions under a similar law enacted in 2019, while 85 requests were turned down. The Oklahoma Survivor’s Act, enacted last year, has already resulted in a few early releases. However, a prospective law enabling sentence relief for women convicted under Oklahoma’s ‘failure to protect’ law (penalizing the lack of protection for children from their abusive parents) did not pass. Women can receive equal or even harsher sentences than the abusers in such cases.
Born and brought up in New Jersey, Matthews enjoyed ice skating as a young girl and was passionate about school. As an adoptee, she felt unloved and found it challenging to leave relationships even when they caused her harm. Matthews still experiences emotional turmoil when she reminisces about her late husband, whom she still holds dear. Wishing they had had access to assistance to overcome their mental health and addiction struggles, she looks forward to working with a shelter for abused women once she’s clean from drugs. Matthews has completed her diploma and attended classes about abuse while incarcerated. Her faith has been instrumental in her healing journey, which she believes marks her survival from the abuse.
The post Abuse Survivor Jessica Matthews: Behind Bars for Self-Defense appeared first on Real News Now.
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