In 1999, an 18-year-old new mother in Marietta stabbed her then-boyfriend and father of her infant son during an argument that turned physical. Despite immediately calling 911 to save his life, she was convicted in 2002 of felony murder and aggravated assault and sentenced to life in prison.
What the judge didn’t hear about was the repeated physical, sexual, and psychological abuse she experienced at the hands of her boyfriend throughout their two-year relationship. In her petition to the court for resentencing, Nicole Boynton described an incident that happened a few months after their son was born when her boyfriend shocked her with a Taser until she couldn’t move and “then sexually assaulted her leaving her with a lasting scar.”
At the time of her conviction, Georgia’s self-defense statute did not allow survivors of domestic violence to present evidence of past abuse to the jury during trial, and judges could not consider that history when making sentencing decisions.
“It was horrible,” Boynton said of her years of incarceration at multiple women’s prisons across the state. “Now that I think about it, I’ve been abused more in prison than what actually came from my partner.”
Experts like Ellie Williams, legal director of the Justice for Incarcerated Survivors Program at the Georgia Coalition Against Domestic Violence, estimate that 74% to 95% of incarcerated women had experienced domestic or sexual abuse prior to their incarceration. Last year, the coalition, the Georgia Justice Project, and other advocacy groups were able to get the state legislature to pass a new law that ensured a person’s history of abuse would be considered during any criminal trial or sentencing.
In addition to changing how abuse can be considered at trial, the Georgia Survivor Justice Act created an opportunity for people already in prison to be resentenced under the new criteria.
“We wanted to make sure that we created a pathway for somebody who protected themselves from their abuser in the year 2000. The world is different now,” Williams said. “Research on trauma has evolved, and we wanted to make sure that the modernized understanding would also be applied to people who are certainly harmed by the outdated understanding in years past.”
Gov. Brian Kemp signed the Survivor Justice Act last May. Eight months later, on Jan. 5, Boynton became the first person to be resentenced and released under the new law. Her life sentence was vacated and she was resentenced to time served after having been incarcerated for 23 years.
Now 45, Boynton is working on rebuilding the relationships with her three children and wants to develop a relationship with the grandchildren she hasn’t had a chance to meet yet.
In the weeks since Boynton gained her freedom, she said the transition back into regular life has been more difficult than she ever anticipated. Even money looks different — Boynton told Capital B Atlanta that the first time she saw a dollar bill after her release, she thought it was fake.
“Everything has changed, and everything is done electronically. I don’t like that. Some things. I’d rather just go to the store and pay for it, but they’re not even really accepting money like that anymore. Everything has to be on a card,” she said.
When Boynton was released, her only form of identification was her prison ID, which she learned can’t be used to open a bank account. The lawyers from Alston and Bird, who helped her get released, were able to expedite her birth certificate so she could apply for a state ID, but Boynton is still waiting for it to come in the mail.
“I’m out here but I can’t really do anything,” she said.
Boynton said she has been surviving on the support from her legal team, the Georgia Coalition Against Domestic Violence, and Women on the Rise, a local organization run by and for formerly incarcerated women that she joined.
Robyn Hasan-Simpson, the executive director of Women on the Rise, said women coming out of the prison system need more reintegration support than is currently available. She and Boynton first met at Lee Arrendale, a women’s prison in Habersham County.
Like Boynton, the domestic violence Hasan-Simpson experienced at the hands of her ex-husband led to her incarceration.
“I came out in March 2020 right when COVID was starting and I came out from 10 years in prison right into a homeless shelter because I didn’t have any family here in Georgia and they wouldn’t let me leave the state,” Hasan-Simpson said.
Then she met Marilyn Wynn, co-founder of Women on the Rise, who was the first person who she felt understood what she was going through.
Now, Hasan-Simpson leads the organization that helped her reintegrate into society and hopes to do the same for Boynton and other women who are coming out of the prison system.
“For us to be able to push forward [and make a] change, we have got to make sure people are stable first, before we can say, ‘Can you go with us to the state Capitol and tell your story?’” she said.
Boynton is currently living in temporary housing provided by Georgia Coalition Against Domestic Violence and has launched a GoFundMe to help with her search for permanent housing. She said she makes some money from speaking engagements but since she was denied Supplemental Nutrition Assistance Program benefits, she is primarily feeding herself using gift cards she receives from the Justice for Incarcerated Survivors Program.
“I don’t understand how I got denied and I’m homeless. I’m not asking for [SNAP benefits] for the rest of my life, just 90 days, enough to get me on my feet,” Boynton said.
While she was incarcerated, Boynton earned a GED and learned different trades that she hopes will allow her to secure full-time employment.
“I’ve had 23 years to focus and keep my mind conditioned and to figure out what I want to do. So even though my body was in there physically, my mind wasn’t,” she said.
While the Survivor Justice Act was a major step in the right direction, Williams and Hasan-Simpson said there is so much more support that domestic violence survivors and formerly incarcerated people need to be able to turn their lives around.
“We need those social supports to be available,” Williams said. “Our program provides reentry support, so like making sure people have food, clothing, housing, transportation. We try to help get them connected to jobs and other resources but really funding for those programs is critical.”
This story has been updated.
