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A statute of limitations lays out the maximum amount of time a person can be prosecuted for a crime. Every state has these statutes, which ensure that people are not prosecuted based on stale evidence or after key witnesses have died or disappeared. If you are facing sexual assault charges, you need an experienced criminal defense lawyer’s assistance. In many ways, sex crimes are one of the hardest cases to defend.
Below, we look at the statute of limitations on sexual assault in Georgia and encourage you to reach out to Moffitt Law, LLC, if you need the help of a sex crimes lawyer.
Criminal Prosecutions for Sexual Battery
Georgia’s law on sexual battery is found at O.C.G.A. § 16-6-22.1. It is illegal to touch someone’s intimate parts without their consent. Sexual assault includes groping someone or rubbing their private parts, including their crotch or buttocks. This is a misdemeanor offense for a first-time offender.
The statute of limitations on sexual assault in Georgia is located at O.C.G.A. § 17-3-1. Because most sexual battery is a misdemeanor, a 2-year limitation period applies.
However, if you commit a second or subsequent offense, then you are facing felony charges. The same is true if you commit aggravated sexual battery, which is also a felony. Aggravated sexual battery applies to a defendant who intentionally penetrates a victim’s sex organ or anus with a foreign object and without their consent.
Felony offenses have a 4-year statute of limitations, unless the victim is a minor, in which case the period is extended to 7 years.
Criminal Prosecution for Child Molestation
Child molestation is a more serious offense than sexual battery. Even a first-time offender who molests a child is facing felony charges, which means a 7-year statute of limitations.
An exception exists if the defendant and victim were close in age, i.e., no more than 4 years apart, with the victim at least aged 14, and the victim consented. In that narrow situation, the crime is a misdemeanor, and a 2-year statute of limitations applies.
Recently Discovered Evidence of a Criminal’s Identity
In some situations, DNA evidence is discovered later that identifies the culprit. We have seen huge gains in technology, and scientists can now extract DNA from all sorts of objects, even old clothing or car panels. Police are now able to identify who raped or otherwise assaulted a victim, sometimes decades after the crime.
A prosecution can be brought for rape, aggravated child molestation, aggravated sodomy, or aggravated sexual battery at any time when DNA evidence establishes the culprit’s identity for the first time. That means newly discovered sex offenders can be hauled into court.
Is There a Statute of Limitation on Rape?
Yes. According to Section 17-3-1, forcible rape has a 15-year statute of limitations. The extended period reflects the legislature’s belief that more serious offenses should have a longer period.
What if The State Waits Too Long?
The statute of limitations promotes efficiency while, at the same time, ensuring that the government only brings prosecutions based on fresh evidence. It is unfair to expect a person to fight for their liberty when probative evidence has likely disappeared.
Our criminal defense lawyer carefully reviews the facts surrounding your case. Where appropriate, we can demand that the charges be dismissed for violation of the statute of limitations.
Civil Statute of Limitations
Civil cases also have a statute of limitations. These are lawsuits for monetary damages only.
O.C.G.A. § 9-3-33 lays out a general statute of limitations for bodily injury cases, which is two years. That is a short window of time. If the victim goes over, then the defendant can seek to have the case dismissed.
A minor who experienced sexual assault has an extended time frame to file a lawsuit against their assailant. Typically, they get until age 23 to file a lawsuit for damages.
Georgia’s law on civil law is in flux. In 2015, Georgia’s legislature extended the statutory period for minors, some of whom could file civil claims based on sexual assault decades after the fact. However, the revival period has ended. We mention it here only to flag for the reader that the state might increase the limitations period once again.
Speak with an Experienced Attorney
Anyone accused of a sexual offense deserves a skilled attorney to defend them. In Georgia, all defendants are innocent until proven guilty, and many accusations are false or based on misunderstandings. Call our office to schedule your initial consultation with a sex crimes lawyer.
