Are you a survivor of sexual battery and wondering about taking legal action against the person who harmed you or the people who allowed it to happen? You might have questions about what comes next, how long you have to file, or whom you can sue. You deserve honest answers from someone who will take your case seriously.
Joshua E. Palmer Law Firm can walk you through your options, explain who could be legally responsible, and take action to demand the recovery you deserve. Josh handles civil sexual battery claims with care and makes sure you stay in control of every step.
Reach out today for a free, confidential consultation. You’ll speak with a lawyer who understands the law and takes the time to understand you.
What Is Sexual Battery Under Georgia Law?
In Georgia, sexual battery happens when someone intentionally touches another person’s intimate parts without consent. Georgia Code § 16-6-22.1 defines “intimate parts” as the breasts, genitals, buttocks, groin, or inner thighs.
If the victim is under 16, the law treats the case even more seriously. It also doesn’t matter if a victim under 16 agrees to the act because the law says they cannot legally give consent.
Aggravated sexual battery is a more serious offense. It involves someone using an object that is not a body part to penetrate the victim’s sexual organs or anus without consent. The punishment for aggravated sexual battery can include life in prison.
Both sexual battery and aggravated sexual battery can lead to criminal charges, but victims also have the option to file civil lawsuits to seek compensation.
Criminal vs. Civil Cases: What’s the Difference?
Criminal and civil cases serve different purposes. In a criminal case, the government files charges to punish the person who committed the crime. The goal is to send the guilty party to jail or impose some other form of punishment. In a civil case, the survivor files a claim seeking compensation or other recourse. The goal is to hold the offender and other responsible parties accountable for the harm by demanding money or other relief.
Victims can file civil lawsuits even if no criminal charges are ever filed or if the offender isn’t convicted in a court of law. Even if the person goes to jail, the victim might still want to sue to recover compensation for medical costs, therapy bills, lost income, or other losses. A civil case gives the survivor more control. They can decide whether to settle or go to trial. Civil cases also require a lower standard of proof, which means they’re easier to win than criminal cases.
Who Can Be Held Liable in a Civil Sexual Battery Claim?
The person who committed the act can face a civil lawsuit. But in many cases, others may also share legal responsibility. For example, a business, school, apartment complex, or nursing home might have failed to protect the victim or respond to past warnings. If another party knew or should have known about a risk and did nothing, a victim can name them in a lawsuit. Holding multiple parties accountable can help survivors recover more compensation and can help keep others safer in the future.
Compensation in Civil Sexual Battery Claims
A civil claim gives the survivor a way to recover damages (money) for what they’ve been through. These damages can cover medical bills, therapy, prescription costs, or other healthcare expenses related to the incident. Survivors can also ask for money to make up for missed earnings, lost job opportunities, or long-term career setbacks.
The emotional effects of sexual battery often last a long time. That’s why survivors can also seek compensation for pain, suffering, and emotional distress in civil claims. In some cases, the court may also award extra money in the form of punitive damages to punish the offender.
Time Limits for Filing a Civil Sexual Battery Claim in Georgia
Georgia sets strict time limits for filing civil lawsuits. In most personal injury cases, the limit is two years from the date of the injury. But for sexual battery cases, the deadline could be different depending on the facts. Victims who were minors might have extra time. Sometimes, the filing window does not start until the survivor becomes an adult or discovers the harm.
Even if you have years to take action, waiting too long can make it difficult or impossible to file a successful claim. That’s why it’s best to speak with a lawyer as soon as possible. A lawyer can review your case, identify all applicable deadlines, and keep your case on track. Prompt action is also important for preserving evidence and protecting your legal rights.
How an Attorney Can Help
Filing a civil claim after a sexual battery can feel overwhelming. You might not know where to start, whom to trust, or what your rights are. A lawyer who handles civil sexual battery cases can handle all of the difficult parts, so you don’t have to face them alone. You still stay in charge of your decisions, but your attorney can handle the details, deal with the other side, and protect your interests. Here are some ways a lawyer can help you with your civil claim:
- Reviewing the facts and helping you understand your legal options
- Gathering medical records, police reports, and other important documents
- Interviewing witnesses and other people who could support your case
- Identifying all parties who might be legally responsible for the incident
- Filing your civil complaint within the applicable time limits
- Responding to court filings from the other side
- Negotiating with insurance companies, schools, or businesses involved
- Preparing you for any interviews, depositions, or hearings
- Working with expert witnesses, if necessary, to support your claim
- Explaining each step of the civil process in clear and simple terms
- Representing you during settlement talks or in court
- Fighting for compensation that accounts for everything you’ve been through
Get the Legal Advocacy You Deserve
If you want to learn more about filing a civil claim for sexual battery, Joshua E. Palmer Law Firm can help. Josh takes these cases seriously and offers honest, clear guidance from the start. Get in touch today to arrange your free and private consultation.
