The statutes of limitations for sexual abuse cases in Georgia range from four years for adult felony sexual assault to no set limits on the time period for filing criminal charges.
The exact statute of limitations is dependent on factors such as the age of the victim, when the alleged abuse occurred, and the type of abuse.
If you or your child have been the victim of sexual abuse, an Atlanta sexual assault lawyer can help you pursue compensation from any party who was liable for your assault.
What Is a Statute of Limitations?
A statute of limitations is a law that specifies the maximum time period within which a person or entity may bring legal charges for a given offense. Once this time period expires, so does the right to bring the legal claim.
This is to ensure legal issues get resolved in a timely manner, while evidence and memories are still fresh. It also ensures that frivolous lawsuits don’t arise years or decades after an alleged offense occurred.
In cases of sexual abuse in Georgia, there is no single statute of limitations. It varies by offense, the age of the victim, and other factors. It can get complicated, and navigating the laws can be intimidating. Our lawyers can help you understand the statutes relating to your case.
What Is the Statute of Limitations for Sexual Abuse Cases Involving Minors?
In Georgia, when a sex crime occurred between July 2, 1992, and June 30, 2012, and the victim was under 16 years of age, the statute of limitations is seven years. The clock on that seven-year statute of limitations does not start until the victim reaches their 16th birthday.
In cases where the victim was under 16 years old, and the crime occurred after July 1, 2012, there is no statute of limitations.
In cases of child molestation in Georgia, there is a statute of limitations of 15 years. However, the countdown does not begin until the victim reaches their 16th birthday. That means prosecutors may bring charges up to the victim’s 31st birthday.
Which Sexual Abuse Crimes Have No Statute of Limitations in Georgia?
According to the Georgia Criminal Code, prosecution can occur at any time for any offense requiring DNA to identify the accused. Specific to sexual abuse cases, this involves:
- Rape
- Aggravated child molestation
- Aggravated sodomy
- Aggravated sexual battery
In addition, there is no statute of limitations in Georgia for sexual abuse that occurred after July 1, 2012, where the victim is sixteen years old or younger.
In these cases, charges can be brought at any time, no matter how many years have passed. If you are unsure about the statute of limitations in your particular situation, you can reach out to our firm for more information and a free consultation.
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Are There Exceptions to the Statues of Limitations?
In some cases, the statute of limitations for sexual abuse in Georgia may be altered. Examples include:
Sexual Assault With Intent to Rape
In cases where sexual assault does not involve aggravating circumstances, the statute of limitations is 15 years from the date of the offense.
Tolling of the Statute of Limitations
This occurs in the above-mentioned examples of cases involving a minor under 16 years of age. The statute of limitations is paused until the victim reaches their 16th birthday.
It may also occur in situations where the defendant is out of state, or unable to participate in their legal defense due to a temporary mental or health issue.
New DNA Evidence
For cases that require DNA evidence to identify the alleged perpetrator, there is no statute of limitations. However, sometimes DNA comes to light after the statute of limitations for alleged sexual abuse has passed. In these situations, authorities may still pursue charges based on this new evidence.
What Are Civil Statutes of Limitations for Sexual Abuse in Georgia?
The statute of limitations for civil sexual abuse lawsuits in Georgia depends on the age of the victim and the circumstance of the alleged offense.
Sexual Abuse Involving Minors
In situations where the victim is under 18 at the time of the offense, Georgia law dictates a statute of limitations of two years, starting on the victim’s 18th birthday. This means if you were under 18 at the time of the abuse, you have until you turn 20 to file a civil suit.
Sexual Abuse Involving Adults
When the victim is over 18, the statute of limitations is 2 years from the date the abuse occurred. However, this may be extended under certain circumstances.
The Discovery Rule
Under Georgia law, the Discovery Rule presents a mechanism where the 2-year statute of limitations begins only once the victim realizes the extent of the damage caused by the perpetrator. This means victims may seek civil damages years after the event.
Learn More About Georgia’s Statute of Limitations for Sexual Abuse
If you or your child have been the victim of sexual abuse, we may be able to get you compensation for therapy bills, emotional trauma, and other damages that resulted from the abuse.
Contact John Foy & Associates for a free consultation. We’ve recovered over $1 billion for victims just like you.
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