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Atlanta’s Statute of Limitations for Sexual Assault Claims

by Blad News

To claim compensation for sexual assault, you get two years from the day of the assault. However, if the defendant was or could have been charged with a crime, you only have two years from the completion of the criminal case, or six years after the attack, whichever comes first. In any case, if you were the victim of an assault, don’t wait too long to get in touch with Atlanta sexual assault lawyers

The distinction between rape and sexual assault under Georgia law:

In a criminal or civil court, the terms “rape” and “sexual assault” can be used interchangeably. There are two rape statutes in the Georgia Code:

  • O.C.G.A. § 16-6-1 (Rape)
  • O.C.G.A. § 16-6-3 (Statutory rape)

In the state, rape happens when someone “has carnal knowledge” of either of the following:

  • A female forcibly and against her will
  • A female who is less than ten years of age

“Carnal knowledge” refers to the “penis’ penetration of the female sex organ, the vagina. In other words, in Georgia, rape solely refers to non-consensual penile-vaginal sex. A male having carnal knowledge of a female younger than 10 is also considered to be committing a forceful rape. 

Statutory rape in Georgia

Children cannot give legal consent for sex. Anyone who has sex with a person under 16 may be charged with statutory rape, even if the victim consent to the behaviour. The man who had intercourse with the girl can be accused of forceful rape if the girl is under the age of ten. However, if the two parties involved are married, this charge does not apply to them.

Georgia’s statutory rape statutes vary depending on the victim’s and the offender’s ages. Statutory rape is a misdemeanour if the criminal is 18 or younger and is no over than four years older than a victim who is at least 14 years old. If the offender is between 18 and 20, the crime is still punishable as a felony but with a lesser sentence. 

When a person under 16 and an adult 21 years old or older conduct statutory rape, complete statutory rape penalties are imposed. Statutory rape is a crime that can be charged against both men and women, unlike the general rape charge outlined above.

Final thoughts:

If you are a victim of sexual assault, get a sexual assault attorney in Atlanta who is aware that such cases require sensitivity and is ready to pursue all of the perpetrators of the crime so that you can receive fair and adequate compensation.

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