Our Georgia sexual assault attorneys can help guide survivors through the civil court system. This is often necessary, as the criminal justice system often fails to provide for the needs of victims, or worse, fails to prosecute or convict guilty parties in a sexual assault case. A civil lawsuit can help hold the perpetrator and any negligent third parties liable for the role they played in the crime.
If your family is looking for answers, support, and justice, we can help guide you through this dark and difficult time. Whether you're from Atlanta or Athens, Augusta or Savannah, get in touch with us today and learn more about your legal options in a free and confidential consultation. We are ready to fight on your behalf.
Georgia Sexual Abuse Laws: Child Victims Of Sexual Assault
Georgia has an extensive set of laws for handling sexual crimes against children. In some cases, these laws can apply to cases involving either child and adult victims.
Child Molestation & Aggravated Child Molestation
A person can be found guilty of child molestation if he or she engages in any type of “immoral or indecent act” to or in the presence of a child under 16 years of age, with the intent to stimulate the sexual desires of either the child or the adult. Transmitting images of such acts to a child through electronic devices is also considered sexual molestation.
For a first offense, someone found guilty of child molestation can be punished by 5-20 years in prison. On subsequent convictions, the penalty is 10-30 years or a life sentence.
Aggravated child molestation charges apply in sexual assault claims of child molestation where the victim may suffer a physical injury in the assault, or if sodomy is involved in the crime. These criminal offense charges can either be applied as a felony punishable by 25 years to life in prison, with lifetime probation upon release, or as misdemeanor charges with a maximum sentence of 12 months according to the Georgia criminal code.
Enticing A Child For Indecent Purposes
Anyone who solicits, entices, or brings any child under 16 years old to a location for the purpose of child molestation is guilty of enticing a child for indecent purposes.
In most cases, the punishment for this crime is a prison sentence of 10-30 years. If the offender is 18 years of age or younger and the victim is at least 14 years old but younger than 16, then the offender will be charged with a misdemeanor punishable by up to 12 months in prison.
Sexual Exploitation, Sexual Assault Or Rape Of Children
Individuals or responsible parties who are involved in the production of sexually explicit media or performances with children may be found guilty of sexual exploitation of children. This includes the people who attempt to persuade or coerce children to participate in any type of sexual activity, parents who knowingly permit their children to be sexually exploited, and people who possess, create, reproduce, publish, sell, promote, or distribute such material.
Anyone who is convicted of sexual exploitation or sexual contact with children is subject to 5-20 years in prison and a maximum fine of $100,000. These charges can also apply to anyone who is aware of the production of such material and fails to report it, which is a misdemeanor punishable by up to one year in prison.
Computer or Electronic Pornography and Child Exploitation Prevention Act of 2007
In 2007, Georgia passed a state law which handles the prosecution of sexual predators who are involved with child pornography. Anyone who uses electronic means to compile, publish, transmit, reproduce, buy, sell, or exchange a child’s personal information, physical characteristics, or other identifying information with the intent to offer or solicit sexual conduct with a child or a visual depiction of such conduct can be charged with a felony under this Act, punishable by 1-20 years in prison and a fine up to $25,000. If the offender was younger than 18 and the victim was at least 14, the offender will be charged with a misdemeanor instead.
Property owners of computer online services, Internet services, bulletin board services, or other electronic devices who knowingly permit a subscriber to use their service as a means to violate these laws can also be held criminally responsible under this Act. These types of violations are classified as misdemeanors of a high and aggravated nature, punishable by up to 12 months in jail.
Rape Crime Laws & Sexual Assault In Georgia
requires the majority of sexual offenses against adults are prosecuted under one or more of the following:
A person is guilty of sexual battery when he or she intentionally makes physical contact with the intimate parts (genital area, anus, groin, inner thighs, buttocks of a male or female and the breast of a female) of another person without that person’s consent.
This crime is classified as a misdemeanor of a high and aggravated nature if the victim is over 16 years old, and as a felony if the victim is a minor under that age, punishable by 1-5 years in prison. Subsequent offenses involving sexual battery will be charged as felonies.
Aggravated Sexual Battery
Aggravated battery charges can be filed against someone who engages in sexual contact by use of a foreign object to penetrate someone else without their consent. This crime is classified as a felony and punishable by 25 years to life in prison. If released, these offenders are subject to probation for the rest of their lives.
Georgia rape law defines rape differently than most other states. A male offender can be charged with rape if he engages in sexual intercourse with a female victim against her will. In Georgia, sexual crimes involving two men or two women which would legally be considered rape in many other states are instead classified as aggravated sodomy or sexual battery.
Rape is a felony charge in Georgia and someone who has been convicted of rape may face either 10-20 years in prison, life in prison, or the death penalty. Keep in mind, sexual intercourse with any person that is unwanted is considered rape. If you or someone you love is a victim of rape, consider contacting our team.
A person commits the crime of aggravated sodomy if he or she uses force to commit sexual acts involving the mouth and anus without the other person’s consent. These charges are also applied in civil claims involving acts of sodomy committed against victims under 10 years of age. Aggravated sodomy is a felony punishable by 25 years to life in prison and lifetime probation upon release.
Types Of Sexual Assault Or Rape Long-Term Effects On Survivors
Effects of sexual assault and abuse can have devastating and long-term on survivors. It can lead to physical injuries, emotional trauma, and psychological distress, including depression, anxiety, and post-traumatic stress disorder (PTSD). It can also affect a person's relationships, their ability to trust others, and their overall well-being. At Abuse Guardian, we understand the sensitive nature of these cases and are committed to providing compassionate and skilled representation to survivors of sexual assault and abuse. We will fight for your rights and help you seek justice and the compensation you deserve in criminal court. Compensation can help pay for medical bills, therapy and pain and suffering. If you or someone you know has been a victim of sexual abuse or assault, please do not hesitate to contact our team for support and legal guidance. We can help you report the assault, get the medical care you need, and consult you in the next steps during a free case review.
What Is The Statute Of Limitations On Reporting Sex Crimes In GA?
In the state of Georgia, the statute of limitations for reporting sexual crimes varies depending on the specific crime and the age of the victim at the time of the offense. For most sexual offenses, it is 15 years from the date of the offense or the date the victim turns 16, whichever is later. For example, if a person was sexually assaulted at age 15 and did not report the crime until they were 25 years old, it would not have expired because it would be within 15 years of the date of the offense. However, if the same person waited until they were 35 years old to report the crime, the statute of limitations would have expired because it would be more than 15 years after the date of the offense.
It's important to understand that there are some exceptions to these time limits. For example, this may be extended in cases where DNA evidence is involved or where the victim was under the age of 16 at the time of the offense. It's also worth noting that while the statute of limitations may have expired, it is still possible to report and pursue criminal charges for sexual crimes, especially if new evidence becomes available or if the perpetrator has been convicted of similar crimes in the past. If you have questions about reporting a sexual crime in Georgia, it's best to seek legal advice from an experienced Atlanta sexual assault lawyer.