How To File A Sex Assault Lawsuit In Georgia

Why File a Sexual Assault Lawsuit in Georgia?

If you’ve lived through a sexual assault, you know that the experience can leave you feeling powerless. Filing a rape or sexual assault lawsuit can help you regain some sense of power by holding the perpetrator accountable.

If your lawsuit is successful, the perpetrator won’t be sentenced to prison. However, they may be ordered to pay you damages, or compensation, for your losses. This compensation can be vital for helping you heal and move forward.

Some examples of potential damages in a sexual assault lawsuit include:

Medical Bills

Sexual assaults often lead to physical harm. If you had to seek medical treatment afterwards, your assailant may be ordered to cover the costs. Similarly, if you sought therapy or other mental health treatment, the assailant may be responsible.

Lost Income

After your assault, you may have needed to take time off work. If this is the case, the perpetrator may be ordered to compensate you for the wages you would otherwise have earned.

Pain and Suffering

Not all losses are financial. “Pain and suffering” is a legal term often used to cover intangible losses like emotional distress and physical pain.

Statute of Limitations to File Sexual Assault Lawsuits in Georgia

It can be tough to decide whether to file a lawsuit against a perpetrator of sexual assault. However, time is of the essence when it comes to making that decision. The statute of limitations for a sexual assault in Georgia is two years from the date of the assault. If you don’t file in time, you can be barred from recovering any losses.

If you aren’t sure whether you want to file a lawsuit, it’s a good idea to make an appointment with a personal injury lawyer. Most personal injury lawyers offer free, no-obligation consultations. A personal injury lawyer who has handled sexual assault cases before should be able to tell you whether you have a viable lawsuit.

Exceptions That May Extend the Deadline in Georgia

In limited circumstances, the statute of limitations may be “tolled,” or paused.

Georgia provides extra protection for young victims of sexual assault. If the victim of the sexual assault in Georgia was a minor, then the statute of limitations can be tolled until they turn 18. If the perpetrator leaves the state, that can toll the timeline, too.

It’s important to understand that exceptions to the statute of limitations are very uncommon. You should always consult an attorney before assuming an exception applies in your case.

What Allegations Go Into a Sexual Assault Civil Lawsuit?

Unlike with most kinds of personal injury cases, you don’t need to prove negligence in a sexual assault lawsuit. A sexual assault lawsuit is an “intentional tort,” meaning it’s a legal action taken in response to the defendant’s deliberate actions.

This civil action requires your lawyer to show that the sexual activity occurred without your consent or that you did not have the power to grant consent. The latter can happen if you were underage or if you were incapacitated by a disability or intoxication.

In some instances, your attorney might be able to help you pursue a negligence-based claim against anyone who enabled the assault to happen. For example, imagine there is a sliding glass door in your apartment that won’t lock. You have repeatedly asked your landlord to fix it.

One day, someone comes in through the broken door and sexually assaults you. In this case, you could file a lawsuit against the perpetrator. You could also sue the landlord for negligence because their failure to repair the door directly contributed to the assault.

How a Lawyer Can Help Survivors in Georgia

An attorney in Georgia can help you understand your rights and gather the most appropriate evidence to show how the assault occurred. There may be negotiations to go through as you fight for a settlement, and these can be difficult and contentious.

Your attorney can take care of all of this for you, though. If the negotiations fail, then they can take your case to court.

Speak With an Experienced Attorney After a Sexual Assault in Georgia

To begin your claim, you need assistance from a skilled lawyer who can fight for your rights every step of the way. At ConsumerShield, we can put you in contact with some of the most respected and dependable attorneys in your area. Contact our team today to learn more about our services.