When someone suffers through sexual assault or rape, the damage goes far beyond physical injuries. It can tear through every part of their life—leaving them isolated, traumatized, and unsure of where to turn. In Georgia, victims face not only the pain of the assault itself but also the added burden of institutions that fail them, silence them, or protect the wrong people.
Georgia Sexual Assault and Rape Victim Lawyer
Sexual assault is a deeply traumatic experience that no individual should ever have to endure. Survivors face lasting emotional and psychological harm.
McArthur Law Firm serves Fulton County, Bibb County and Fulton County, as well as Clayton County, Cherokee County, Forsyth County, and other counties in Georgia. For more information about the McArthur Law Firm or to set up a free consultation to learn what we may be able to do to help you with your personal injury case, give us a call at one of our offices in Georgia or fill out our online contact form.
- Atlanta Office: 404-565-1621
- Macon Office: 478-238-6600
- Warner Robins: 478-551-9901
Overview of Sexual Assault and Rape Victim Claims in Georgia
- Sexual Assault and Rape Laws in Georgia
- Types of Georgia Sexual Assault / Rape Victims
- Liability in Civil Rape / Sexual Assault Cases
- Victims of Child Sexual Abuse
- Nondisclosures of Settlements in Sexual Abuse Cases
- Frequently Asked Questions
- Additional Resources
Sexual Assault and Rape Laws in Georgia
A Georgia sexual assault victim or rape victim is someone who has experienced a non-consensual sexual act under state law. In Georgia, these acts are defined and punished under specific criminal statutes. The main law for rape is O.C.G.A. § 16-6-1, which defines rape as a man having carnal knowledge of a woman forcibly and against her will. It also includes cases where the victim is under the age of 10. The law uses the term “carnal knowledge” to refer specifically to vaginal penetration by the male sex organ. Although the language is gendered, the law is applied broadly and can be used to protect all victims, regardless of gender.
Sexual assault is defined more broadly under O.C.G.A. § 16-6-5.1. This law covers sexual contact or behavior that occurs without consent, and it applies in situations where the person is in a position of authority over the victim—such as a teacher, therapist, or law enforcement officer. It also includes acts where someone in a supervisory or disciplinary role engages in sexual contact with a person under their control.
Georgia law also prohibits other related sexual crimes, like aggravated sodomy (O.C.G.A. § 16-6-2) and sexual battery (O.C.G.A. § 16-6-22.1), which may also apply depending on the facts of the case. These statutes cover different forms of unwanted sexual contact, including oral or anal acts and touching of intimate body parts without consent.
A person doesn’t need to fight back physically to be recognized as a victim. If they were threatened, pressured, drugged, unconscious, or unable to legally give consent, the law still protects their rights and allows them to seek justice.
Types of Georgia Sexual Assault / Rape Victims
Children and Teens Abused By Adults in Authority — Among the most vulnerable victims of sexual assault and rape in Georgia are children and teens. This includes abuse by people in positions of trust or authority, such as teachers, coaches, clergy members, foster parents, or youth group leaders. Georgia law provides strong protections for minors. For example, O.C.G.A. § 16-6-3 makes statutory rape a crime when someone has sex with a person under 16, even if the minor claims to consent.
College Students Assaulted in Social Settings — A significant number of sexual assaults in Georgia involve college students and young adults. Many of these assaults happen at parties, dorm rooms, or off-campus housing, often involving alcohol or drugs. Victims in these cases may not be able to recall all details, may blame themselves, or may not know whether what happened was legally considered rape. But Georgia law is clear: if someone cannot give consent due to intoxication, unconsciousness, or mental incapacity, then the act can be considered rape under O.C.G.A. § 16-6-1 or sexual battery under O.C.G.A. § 16-6-22.1. Even if no physical force is used, taking advantage of someone’s condition to engage in sex is not legal consent. These cases are often complex, but the law protects victims regardless of whether charges are ever filed.
Employees and Workers Targeted in the Workplace — The workplace is another environment where sexual assault can occur. Georgia law, under O.C.G.A. § 16-6-5.1, prohibits sexual contact by a person who has authority or disciplinary power over someone else. This could include managers, supervisors, or even business owners. While many people think of sexual harassment in terms of inappropriate comments or advances, workplace sexual assault may involve unwanted touching, coercion, or rape. Victims often hesitate to report these incidents for fear of retaliation, losing their job, or being disbelieved. However, the law does not allow people in positions of power to use their authority to obtain sexual favors or commit assault.
Domestic or Intimate Partner Rape Victims — Relationship status does not excuse rape under Georgia law. Under O.C.G.A. § 16-6-1, it is still rape if someone’s spouse or dating partner forces sex without consent. Victims of intimate partner rape may feel ashamed, confused, or pressured to stay silent, especially if there are children involved or financial dependence. The law, however, treats these acts as serious crimes. Being in a relationship does not mean someone has the right to control another person’s body.
Elderly Victims in Nursing Homes or Assisted Living — Another serious and often hidden issue in Georgia is the sexual assault of the elderly. Victims may live in nursing homes, assisted living centers, or may depend on caregivers who use their position to commit abuse. These assaults are crimes under Georgia law, including O.C.G.A. § 16-6-22.1 for sexual battery. If the victim has a mental or physical disability that limits their ability to resist or report the abuse, the crime may be more severe and subject to harsher penalties. These cases are especially tragic because victims often cannot fully communicate what happened, and families may not notice the signs right away.
Victims of Stranger Assaults in Public Places — Not all sexual assaults involve someone the victim knows; some are committed by strangers. These can happen in public places like parking lots, public restrooms, sidewalks, transit stations, or hotels. Georgia law does not require the victim to prove that they physically resisted the attacker. What matters is whether the act was committed without consent and involved force, threat, or the victim’s inability to give consent. Victims of stranger assaults often deal with fear, anxiety, and trauma that lasts long after the attack.
Liability in Civil Rape / Sexual Assault Cases
The Person Who Committed the Assault — Survivors can sue the attacker directly for damages. Under O.C.G.A. §§ 51-1-13 and 51-1-14, any injury, violent act, or attempt to cause physical harm is a tort (a civil wrong), and the victim can recover compensation. Even if there’s no criminal conviction, civil court allows survivors to seek justice for the harm they suffered—physically, emotionally, and financially.
People in Positions of Power — When someone like a teacher, police officer, caregiver, or boss uses their power to coerce or abuse someone under their control, they can be held civilly liable. While O.C.G.A. § 16-6-5.1 defines this as a crime, it also supports civil claims based on abuse of authority or lack of real consent.
Institutions That Allowed the Abuse — Schools, churches, nursing homes, and other organizations may be liable if they failed to screen or supervise people properly. If they ignored warning signs or failed to act, survivors may sue for negligent hiring or supervision, based on Georgia tort law.
Employers Who Didn’t Act — Employers can be responsible when they fail to protect staff or clients from known risks. Under O.C.G.A. § 34-7-20, they have a duty to provide a safe workplace. If they ignored complaints or failed to remove a dangerous employee, they may be sued for negligent hiring, supervision, or retention.
Landlords and Property Owners — Under O.C.G.A. § 51-3-1, property owners must keep their spaces reasonably safe. If someone is assaulted due to poor security, broken locks, or other preventable dangers, the owner might be liable under premises liability law.
Victims of Child Sexual Abuse
Under O.C.G.A. § 9-3-33.1, victims of childhood sexual abuse—including rape and sexual assault—have limited time to file civil lawsuits. Abuse must have occurred before age 18. If it happened after July 1, 2015, victims can file by age 23 or within 2 years of realizing the abuse caused harm, supported by medical or psychological evidence. The law covers acts like rape, child molestation, and sexual battery. When suing an organization, victims must prove it was negligent or grossly negligent depending on when the lawsuit is filed.
Nondisclosures of Settlements in Sexual Abuse Cases
Some organizations in Georgia have quietly paid victims to settle sexual abuse cases without ever admitting fault. These cases are often sealed through non-disclosure agreements, meaning the public never learns what happened and the abuser’s name stays hidden. This allows some offenders to keep their jobs or repeat their behavior elsewhere. In some cases, known abusers are transferred or quietly dismissed instead of being reported to the police. Georgia law does not require institutions to disclose past settlements involving sexual abuse, even when public safety is at risk. This lack of transparency can keep victims in the dark and lets systems fail again and again.
Frequently Asked Questions
How soon should someone call a lawyer after being raped in Georgia?
Right away. An attorney can protect their rights, preserve evidence, and explain what legal options they have.
Can someone sue even if there’s already a criminal case?
Yes. A civil lawsuit is separate from the criminal case and can help victims get compensation for their injuries.
What if the rape happened a long time ago?
Georgia law may still allow a civil case if certain conditions are met, like repressed memories or childhood abuse.
Will their name be made public if they sue?
In most cases, no. Courts can seal records or allow initials to protect the victim’s identity in public filings.
Can someone sue a landlord, school, or business for rape?
Yes, if that person or business failed to provide reasonable security or ignored known risks. This falls under Georgia premises liability law (O.C.G.A. § 51-3-1).
Is it still rape if it was by a boyfriend, spouse, or partner?
Yes. Rape can happen even within a relationship or marriage if there’s no consent.
How long does someone have to file a civil case in Georgia?
The time limit depends on the case, but Georgia generally has a two-year statute of limitations. Exceptions may apply based on the victim’s age.
Can someone get money for therapy and medical care?
Yes. A civil case can seek compensation for medical bills, therapy, lost income, and pain and suffering.
What if the police never charged the attacker?
A civil case doesn’t require a criminal charge or conviction. The burden of proof is lower in civil court.
Is it too late if the victim didn’t report the assault immediately?
Not necessarily. Delay in reporting is common. Georgia law still allows many victims to file claims depending on the facts.
Additional Resources
Georgia Department of Public Health – Sexual Violence Prevention — This page from the Georgia Department of Public Health explains what sexual violence is and outlines prevention efforts in the state. It includes information on individual and community-level programs, partnerships with sexual assault centers, and resources for creating safer environments. It also provides contact information for those seeking more about the department’s prevention initiatives.
United States Department of Justice – Achieving Justice for Sexual Assault Survivors in Georgia — This blog post from the U.S. Department of Justice discusses the Sexual Assault Kit Initiative (SAKI) and how it has helped Georgia law enforcement process unsubmitted sexual assault kits. It outlines the impact of this effort in solving cold cases and holding offenders accountable, including a detailed case example from Dougherty County.
RAINN – The Laws In Your State: Georgia — This page from RAINN provides an overview of Georgia’s laws related to sexual assault and rape. It includes information on crime definitions, consent, mandatory reporting, statutes of limitations, confidentiality protections, and other legal aspects.
Hire a Sexual Assault and Rape Victim Lawyer in Fulton County, Georgia
McArthur Law Firm serves the cities of Atlanta in Fulton County, Macon in Bibb County, Kathleen in Houston County, Peachtree Corners and Lawrenceville in Gwinnett County, Marietta and Smyrna in Cobb County, Stonecrest, Brookhaven and Dunwoody in Dekalb County, Albany in Dougherty County, Columbus in Muscogee County and throughout surrounding areas of the state of Georgia.
Contact one of our offices at the following numbers or fill out an online contact form to start building your case.
- Atlanta Office: 404-565-1621
- Macon Office: 478-238-6600
- Warner Robins: 478-551-9901
