There is never an excuse for sexual abuse. The effects of sexual assault and other sexual abuse can last a lifetime. Victims may feel unsafe, insecure, devalued, or even guilty as a result of the abuse they have endured. Victims often have trouble understanding that it wasn’t their fault – even years afterward.
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If you or a loved one has been sexually assaulted in Atlanta, you have the right to hold your attacker accountable in civil court and pursue compensation for the trauma you have endured. Butler Kahn’s Atlanta sexual assault lawyers help survivors of rape, sexual battery, child molestation, and other forms of sexual abuse fight back against their attackers and the organizations that enabled the abuse. We offer free, confidential consultations and handle cases on a contingency fee basis, meaning you pay nothing unless we recover compensation for you. Contact Butler Kahn by calling (678) 940-1444 or contacting us online for a free consultation.
There is never an excuse for sexual abuse. The effects of sexual assault and other sexual abuse can last a lifetime. Victims may feel unsafe, insecure, devalued, or even guilty as a result of the abuse they have endured. Victims often have trouble understanding that it wasn’t their fault – even years afterward.
We help victims of sexual assault and sexual abuse fight back. We offer a sexual assault lawyer Atlanta victims can trust to defend them. As in all of our cases, we put our clients’ needs and wishes first. For example, some victims of sexual abuse decide to go to trial and publicly confront their abusers. We have done that. Other victims of sexual assault prefer to remain anonymous and file their cases using a pseudonym. We’ve done that too. We follow whichever course our client wants to pursue. Contact our Atlanta sexual assault lawyer today!
Our clients are motivated by different factors. Some victims of sexual abuse want to make sure that the attacker is stopped, and that there will be no new victims. Some want to show the attackers that they can fight back. Some seek compensation for the psychological trauma they have experienced. Many want some combination of those things. We can help. Contact our Atlanta sexual assault lawyer today!
Georgia law allows victims to hold their attackers accountable. Georgia’s legislature has enacted a number of laws that we can use to fight back against perpetrators of sexual assault, rape, or sexual abuse. Understanding Georgia sexual assault laws is crucial for victims seeking justice. They include:
Sexual Assault or Sexual Battery. Sexual assault or sexual battery occurs when the attacker makes unwanted sexual contact with the victim without the victim’s consent. Again, sometimes the attacker physically restrains the victim, but other times, the attacker uses a threat of force or a position of power to get what they want from the victim. O.C.G.A. § 16-6-22.1; O.C.G.A. § 16-6-5.1.The psychological scars from sexual abuse can get better with time and treatment. But often, they never fully heal.
Victims often blame themselves, even when they know that they shouldn’t. We have represented clients who were abused by authority figures as children and who still dealt with feelings of guilt decades later. Often, victims know in their minds that they were not at fault for what happened to them, but they still struggle to overcome the feeling of guilt. These feelings of guilt sometimes make it hard for victims to come forward and take a stand against their attackers.
Sexual assault frequently causes long-term psychological conditions including post-traumatic stress disorder (PTSD), depression, anxiety disorders, and difficulty forming intimate relationships. These conditions often require years of therapy and treatment, which is why compensation in sexual assault cases often includes significant amounts for past and future psychological care. If the assault resulted in physical injuries, you may also need treatment from medical specialists, which our Atlanta personal injury attorneys can help you recover.
Victims often worry that nobody will believe them. We have represented clients who kept memories suppressed for years and years because they worried that if they told the truth, others would believe the attacker instead of believing them. These concerns are especially common when the attacker was an authority figure or a respected member of the community. For this reason, some victims hesitate to come forward until another victim comes forward first. Sometimes the result is that one attacker has many victims, all of whom stay silent because they don’t know about each other and they are all waiting for someone else to come forward first.
When someone becomes a victim of sexual assault, they can lose their emotional sense of security. They never feel safe. Even at home behind locked doors, they can be haunted by the memories of what they went through. They may go out less or become afraid to be alone.
As sexual assault lawyers, we can’t cure these effects of sexual abuse, but we can help victims fight back and we can use the law to obtain compensation for these effects. When victims endure psychological trauma, anxiety, or a loss of a sense of security as a result of sexual assault or sexual abuse, Georgia law allows victims to stand up for themselves and make a claim for compensation. That’s where we come in. Many sexual assault cases end in confidential settlements, but others can go all the way through trial. We have handled both. If the assault occurred due to inadequate security at a business or property, you may also have a claim for negligent security.
There are two types of cases that can be brought as a result of sexual assault or sexual abuse: civil cases and criminal cases. Sometimes, both types of cases are brought, and sometimes only one. Here we talk about the differences.
The last thing on your mind, when you are recovering from sexual assault, may be filing a civil lawsuit against the person who harmed you. You will be taking steps towards your recovery both physically and emotionally. What many fail to consider is that there is usually a sizeable financial cost as a result. There are a number of expenses you may have to contend with following a sexual assault.
For many victims of sexual assault, the road toward healing can be long. After the physical wounds heal, the emotional scars can be deep and last for many years. The cost associated with sexual assault may go unnoticed. Collecting damages may be the last thing on your mind. In fact, people who have experienced sexual assault may be entitled to collecting damages for the following:
If you were the victim of sexual assault, you will likely want the perpetrator to pay for what they have done to you. The good news is, if they have already been proven guilty in criminal court, the process can be a bit easier when it comes to civil matters. However, the hard truth is that a perpetrator may not have many assets to draw from should they be required to compensate you.
As a result, it will make sense to also look to third parties for ways they may have been at least in part responsible for the assault. Third parties may be liable if they contributed or were a bystander to the assault that took place. This is particularly relevant in cases involving negligent security at apartments or other properties. This could happen in a number of locations including:
One common example surrounds criminal background checks for employees. If a hospital hired someone with a criminal record and failed to run a background check, they are putting people at risk. This is especially the case if the employee they recently hired had a criminal history and then raped or assaulted a person at the hospital. The hospital can be held partially responsible for the assault. Our Atlanta nursing home abuse lawyers frequently see cases where facilities failed to properly screen employees.
The goal for a personal injury lawyer in Atlanta will be to help their clients receive a financial award for the case. When overviewing sexual assault cases, they will look to whom it makes sense to include in the civil suit based on the role they played surrounding its occurrence.
If you are considering a lawsuit to collect damages following a sexual assault, it is important to speak with a sexual assault lawyer Atlanta clients trust. The legal process can be complicated and given the sensitive subject matter, the process can be incredibly emotional for a victim. It will be important to get through the process as quickly and smoothly as possible so that you can get on with living your life.
Often, the attacker isn’t the only party responsible for sexual assault or sexual abuse. Sometimes there was another person or organization that let it happen.
Irresponsible companies or organizations sometimes turn a blind eye to sexual abuse going on inside them. We have handled cases in which a youth psychiatric treatment center failed to stop its counselors from repeatedly raping vulnerable youths and in which a church ignored the warning signs about how one of its pastors had turned into a sexual predator. We’ve handled cases in which schools failed to stop teachers from sexually abusing students and cases in which a large company ignored the complaints of its employees and allowed a manager to statutorily rape a fifteen-year-old girl during her shift. We’ve seen many cases in which managers or owners sexually harass employees, creating what the law calls a “hostile work environment.” If that has happened to you or someone you love, Georgia law allows victims to hold those companies or organizations accountable. You can learn more about these types of cases on our Georgia crime victims lawyers page.
In Georgia, it is against the law to engage in sexual acts with someone who is passed out or otherwise unable to give consent. A person who initiates sexual contact in this way can be held criminally accountable and civilly liable.
If you think that you were sexually assaulted while you were asleep or unconscious, you should act swiftly to protect yourself and your legal rights. First, you should seek prompt medical attention. Healthcare providers can treat your physical injuries, collect evidence that you can use to prove that the assault occurred and refer you to mental health professionals who can help you process the trauma you’ve experienced. You should also consider reporting the assault to law enforcement as soon as possible. While it can be distressing to report sexual assault to the authorities, promptly doing so increases the chances that your abuser will be apprehended and brought to justice.
What if you initially agreed to engage in a sexual act but you later withdrew your consent? Your sexual partner has an obligation to desist further sexual activity as soon as you tell them to, and if they fail to do so, they can be charged with sexual assault – and can also be held liable in civil court for the harm they caused you. As soon as you withdraw your consent, the other party is required to stop engaging in sexual activity.
Many people who suffer sexual assault that began as a consensual sex act are afraid to report the assault because they worry that no one will believe them or that the perpetrator will escape justice. However, it is important to understand that the law is on your side and that alerting law enforcement is a necessary first step to securing accountability.
Georgia Code § 16-6-1 sets forth a precise and narrow definition of rape. Per state law, a man who has carnal knowledge of a woman forcibly and against her will or of any girl younger than 10 years old has committed rape. The law also specifies that a man who engages in forcible sexual 
contact with his wife may not use the fact of their marriage as a defense against rape charges.
The law defines carnal knowledge as the penetration of the female sex organ by the male sex organ. So, within the Georgia legal system, rape can only occur when a man’s penis penetrates a woman’s vagina against her will. Even though men and LGBTQ+ persons are also affected by sexual violence, Georgia rape laws apply only to women or girls under 10 who are forcibly sexually penetrated by men. Other sex crimes that may otherwise be referred to as rape are typically considered either sexual battery or aggravated sodomy in the state’s criminal justice system.
If you decide to pursue a civil rape case in Atlanta, you could secure compensation for the following:
After reviewing the facts, a skilled attorney can place an estimated value on your case.
Being raped is a terrifying experience that can leave survivors feeling isolated and vulnerable. If you are uncertain of what to do next, here are some steps you can take right away to protect yourself:
We help victims fight back. Our firm has even gone to Georgia’s capital to work on creating new laws, such as the Hidden Predator Act, to give victims protection against sexual attackers.
More often, we represent victims as their attorneys. If you or a loved one has been a victim of sexual assault or sexual abuse and you are interested in taking action, contact us by phone, via website chat, or by filling out our Application for Representation. Your conversation with our firm is free and confidential.
Georgia’s statute of limitations for sexual assault civil claims varies depending on the circumstances. For adult victims, you generally have two years from the date of the assault to file a personal injury lawsuit. However, for childhood sexual abuse, Georgia’s Hidden Predator Act allows victims to file civil claims until age 23, or within two years of discovering the connection between the abuse and their injuries. Consult with a Georgia personal injury lawyer to understand your specific deadline.
Yes. Civil cases have a lower burden of proof than criminal cases. In criminal court, the prosecution must prove guilt “beyond a reasonable doubt.” In civil court, you only need to prove your case by a “preponderance of the evidence,” meaning it’s more likely than not that the assault occurred. Many victims win civil cases even when criminal charges were never filed or resulted in acquittal.
While your attacker may not have significant assets, other parties may share responsibility. Employers who failed to conduct background checks, property owners with inadequate security, schools that ignored warning signs, or organizations that covered up abuse can all be held liable. These third parties often have insurance or substantial assets to compensate victims.
Yes. Many courts allow sexual assault victims to file lawsuits using a pseudonym (such as “Jane Doe” or “John Doe”) to protect their privacy. At Butler Kahn, we have successfully filed cases on behalf of victims who preferred to remain anonymous throughout the legal process.
Butler Kahn handles sexual assault cases on a contingency fee basis. This means you pay nothing upfront and no attorney fees unless we recover compensation for you. We also advance all case costs, so you won’t have to pay out of pocket for investigations, expert witnesses, or court fees.
Evidence in sexual assault cases can include medical records, rape kit results, photographs of injuries, witness statements, text messages or communications with the attacker, therapy records documenting psychological harm, and expert testimony. Even if you didn’t report the assault immediately, an experienced attorney can help gather evidence to support your claim.
Yes. If the assault occurred on business property and the owner failed to provide adequate security, you may have a negligent security claim. Examples include apartment complexes with broken locks, bars that over-serve patrons, or hotels without proper security cameras.
In Georgia, sexual battery (O.C.G.A. § 16-6-22.1) involves intentional physical contact with intimate parts of another person without consent. Sexual assault often refers to this same conduct in civil cases. Rape specifically requires penetration without consent. All of these acts can result in both criminal charges and civil liability.
Yes. If your employer knew or should have known about a dangerous employee and failed to take action, they may be liable. Employers can also be held responsible for creating a hostile work environment through pervasive sexual harassment or for failing to respond appropriately to complaints about sexual misconduct.
The timeline varies depending on the complexity of the case. Some cases settle within several months, while others may take one to three years if they go to trial. At Butler Kahn, we work to resolve cases as efficiently as possible while still fighting for maximum compensation.
Possibly. Georgia has extended the statute of limitations for childhood sexual abuse cases, and courts may also apply the “discovery rule” in certain circumstances. This rule can delay the start of the limitations period until you discovered (or reasonably should have discovered) that your injuries were caused by the abuse. Contact our office to discuss your specific situation.
Victims can recover economic damages (medical bills, therapy costs, lost wages) and non-economic damages (pain and suffering, emotional distress, loss of enjoyment of life). In egregious cases, courts may also award punitive damages to punish the wrongdoer and deter similar conduct.
Many sexual assault cases settle before trial, which means you may never have to testify. If your case does go to trial, you would likely need to testify, but your attorney will prepare you thoroughly. Some courts also allow victims to testify via video or behind a screen in certain circumstances.
Yes. Religious organizations can be held liable if they knew or should have known about an abuser and failed to protect victims. Butler Kahn has successfully represented victims of clergy sexual abuse, including obtaining a $500,000 jury verdict against a Georgia pastor.
Drug-facilitated sexual assault is a serious crime in Georgia. If someone drugged you without your knowledge or consent and then assaulted you, they can be held both criminally and civilly liable. Evidence such as toxicology reports, witness statements, and bar surveillance footage can help prove these cases.
Absolutely. Sexual assault affects people of all genders. While Georgia’s rape statute specifically applies to female victims, male victims can pursue civil claims for sexual battery, assault, intentional infliction of emotional distress, and other causes of action. Butler Kahn represents victims of all genders.
If you’ve recently experienced sexual assault, you might find yourself wondering where to turn for help. Sexual assault is very traumatic, both physically and emotionally, and seeking help right away is an important part of the healing process. There are many wonderful organizations in Georgia that offer support for sexual assault victims.
GNESA is Georgia’s leading network of sexual assault support providers. They have an extensive network of sexual assault care centers throughout the state. They also work with advocacy organizations, which increase public awareness and fight for the rights of sexual assault victims. They provide a complete list of sexual assault centers throughout Georgia on their website. These sexual assault centers are a safe haven for those who have recently experienced sexual assault or domestic violence. They offer medical treatment as well as counseling to help victims determine their next steps.
This is the largest nationwide network for sexual assault victims and their loved ones. They run the National Sexual Assault Hotline, which victims can call 24/7 for confidential assistance. They also have a free chat function on their website for those who feel more comfortable reaching out for help online. Both the hotline and the online chat are completely confidential. They also work to change public policy surrounding sexual assault and run prevention initiatives throughout the country. Their website also has extensive information about what to do in the aftermath of a sexual assault. If you are unsure of where to go for medical care or mental health support in the wake of trauma, RAINN’s first response hotlines are a good place to go.
This organization provides support primarily for sexual assault response teams. However, their website also has valuable resources for victims, including lists of trauma centers as well as trusted prosecutors with experience in assault cases.
If you are a college student, your school may have a support center for those who have been assaulted. Many schools also have affordable clinics and free therapy centers. These services are usually completely confidential. Talk to your school’s general counselors to see what resources are available to you.
If you’ve been assaulted, it’s important to seek medical treatment as soon as you feel able. Not only is this crucial for your physical well-being, but it can also make things easier if you choose to eventually pursue a legal case against your assailant. If you choose to press charges, you will only have 72 hours to collect viable forensic evidence. From there, you may choose to file a police report and seek legal counsel. It is also very important to seek psychological support for help managing the mental and emotional trauma of sexual assault. Both group and individual therapy can be very beneficial for those who have experienced trauma. There are also many other types of trauma-informed therapy available, such as animal therapy, art classes, yoga, and more. If you do press charges, it is crucial that you have an experienced and trustworthy lawyer to guide you through the case.
If your loved one has been a victim of sexual assault, it can be difficult to know how to support them. The best place to start is by believing the victim, and keeping in mind that sexual assault is never the victim’s fault. The next step is to help them find an appropriate crisis center, and help them find medical and legal support. It’s also very important to ask the victim how you can help and respect any decisions they make.
Butler Kahn represents sexual assault victims throughout the Atlanta metropolitan area and across Georgia. Our Atlanta office is conveniently located to serve clients in Fulton County, DeKalb County, Cobb County, Gwinnett County, and surrounding areas. We handle sexual assault cases for victims in:
Buckhead, Midtown, Downtown Atlanta, Brookhaven, Druid Hills, Virginia-Highland, Inman Park, Little Five Points, East Atlanta Village, Grant Park, Old Fourth Ward, Reynoldstown, Kirkwood, Decatur, Edgewood, West End, Vine City, English Avenue, Grove Park, Collier Hills, Garden Hills, Piedmont Heights, Ansley Park, Morningside-Lenox Park, Candler Park, Lake Claire, Poncey-Highland, Atlantic Station, Home Park, and West Midtown.
Decatur, Sandy Springs, Dunwoody, Chamblee, Doraville, Clarkston, Avondale Estates, Tucker, Stone Mountain, Lithonia, Smyrna, Marietta, Kennesaw, Alpharetta, Roswell, Johns Creek, Milton, Duluth, Lawrenceville, Snellville, Lilburn, Norcross, Peachtree Corners, Suwanee, Buford, College Park, East Point, Hapeville, Union City, Fairburn, Palmetto, Fayetteville, Peachtree City, Newnan, Carrollton, Douglasville, Austell, Mableton, and Vinings.
Fulton County, DeKalb County, Cobb County, Gwinnett County, Clayton County, Fayette County, Henry County, Rockdale County, Newton County, Douglas County, Paulding County, Cherokee County, Forsyth County, Hall County, Barrow County, Walton County, Coweta County, Carroll County, and Bartow County.
We also serve clients from our additional Georgia offices in Jonesboro, Lawrenceville, and Roswell.
If you are a survivor of rape or another sex crime in Atlanta, the proven lawyers at Butler Kahn will listen to your story and help you hold every liable party accountable for their role in the attack. Call (678) 940-1444 or contact us online today for a free and confidential case review.
Butler Kahn – Atlanta Personal Injury Lawyers
10 Lenox Pointe
Atlanta, GA 30324
Phone: (678) 940-1444
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