Are There Exceptions to Georgia’s Sexual Abuse Statute of Limitations?

Yes—there are exceptions to Georgia’s sexual abuse statute of limitations, namely in cases that involve minors or situations in which the abuse was concealed. The statute of limitations refers to how much time someone has to pursue compensation in their case. 

As with many other states, the statute of limitations for sexual abuse claims in Georgia is a very important detail survivors need to know about if they are interested in seeking justice. After all, if you miss the deadline, you could lose your right to pursue compensation altogether. 

Thankfully, you do not have to figure out the legal side of things all by yourself. Instead, let an Atlanta sexual abuse lawyer help you understand the exceptions, recognize if any apply to your situation, and make sure you file accordingly. 

The Standard Statute of Limitations for Sexual Abuse in Georgia

Before exploring exceptions, it’s important to first understand the general statute of limitations in Georgia for sexual abuse cases. Georgia’s laws differ between criminal and civil claims when it comes to sexual abuse. 

First, let’s take a look at criminal charges related to sexual abuse because Georgia state laws set different time frames based on the severity of the offense: 

• Child molestation or aggravated child molestation: For example, in cases of child molestation or aggravated child molestation, the statute of limitations is typically 20 years after the victim turns 18 years old.  
• Rape: On the other hand, in rape cases, the statute of limitations can be extended to 20 years after the crime occurred as long as DNA evidence or other forms of proof exist. 

Now, for civil claims—such as lawsuits for damages due to sexual abuse—the statute of limitations in Georgia is much shorter. Typically, a survivor of sexual abuse has two years from the date of the abuse to file a civil lawsuit. 

This time frame may seem very short, especially for survivors who did not immediately know, acknowledge, or come to terms with their trauma before those 24 months have passed. For more information, reach out to an Atlanta personal injury lawyer for legal advice. 

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Exceptions to the Statute of Limitations for Sexual Abuse in Georgia

While the statute of limitations for sexual abuse in Georgia is generally clear-cut, some exceptions can either pause the clock or extend the timeline in your case. 

These exceptions may apply in cases where particular circumstances prevent a survivor from taking legal action within the standard time frame. Let’s explore a couple of these potential exceptions.

The Statute of Limitations Applicable to Cases Involving Minors

A major exception to Georgia’s statute of limitations for sexual abuse has to do with the age of the victim when the abuse took place. If the survivor was a minor at the time, then the statute of limitations for both criminal and civil cases can be paused. 

For example, if a child is abused before reaching the age of 18 years old, then the statute of limitations for filing a civil lawsuit is typically extended. The victim can file a lawsuit up to two years after they turn 18. 

This means that minors who experience sexual abuse can wait until they are older to bring a civil case against the perpetrator or an organization, as long as the abuse occurred before they were 18. This exception is particularly important for many reasons: 

• Common for children not to process the trauma of sexual abuse until much later in life
• Potential for memories to be repressed until their brains allow them to remember 
• Possible discomfort around coming forward with their experiences until they are older

Thanks to this tolling provision in mind, Georgia law recognizes that children cannot be expected to file lawsuits or criminal charges while they are minors. Similarly, with criminal cases, the statute of limitations is also tolled for minors. 

If a survivor of sexual abuse is younger than 18 years old at the time of the abuse, the time to file criminal charges is typically extended until the victim turns 30 years old. This allows law enforcement to pursue criminal charges even if the abuse occurred when the victim was a child. 

Discovery Rule in Civil Cases

Another important exception to the statute of limitations in Georgia is the discovery rule. In the context of sexual abuse, this rule allows a survivor to file a civil lawsuit after the statute of limitations would typically expire. 

However, the main element that must be present before this exception is applied is that the victim must have only become aware of their trauma at a later point in time. This is particularly relevant in cases where victims don’t immediately understand the full scope of their trauma. 

This can be due to a few different factors:

• The victim’s young age at the time of the abuse
• The  perpetrator’s manipulation 
• The psychological effects of the event 

The survivor may not have the ability to recognize or process the abuse until years later, making it difficult for them to take action within the standard time frame. The law takes this possibility into account and recognizes that healing from sexual abuse is an ongoing process.

Are There Consequences if Someone Conceals Abuse? 

Yes—there are consequences if someone fraudulently conceals the fact that abuse took place. In some cases, the statute of limitations may also be extended due to fraudulent concealment of the abuse. Let’s say the perpetrator or an institution covered up the abuse. 

As a result, the survivor couldn’t know about or pursue their claim. In cases like these, the statute of limitations might not go into effect until the concealment is discovered. As a result, the survivor may have additional time to file a civil lawsuit or criminal charges.  

Call Our Atlanta Personal Injury Law Firm to Learn More About Exceptions to Georgia’s Sexual Abuse Statute of Limitations

There are exceptions to Georgia’s sexual abuse statute of limitations, especially when it comes to circumstances where minors are involved or the abuse was concealed. But even when you keep this information in mind, it can be hard to know how these exceptions might affect you. 

At John Foy & Associates, we’re ready and willing to represent you as your Atlanta sexual abuse attorney. With us by your side, you can trust us to advocate for your rights, pursue the maximum compensation in your case, and negotiate fair settlements on your behalf.  

With over 350 years of combined experience, our attorneys have recovered more than $1 billion in compensation for our clients. Reach out today to speak with our lawyers and discuss how exceptions to Georgia’s sexual abuse statute of limitations might apply to your case.