Atlanta Rape Victim Lawyer

In Atlanta, Georgia, a rape is a devastating experience that deeply traumatizes victims. It leaves long-lasting emotional scars, often leading to fear, anxiety, and PTSD. Rape victims in Georgia have rights, including the ability to sue the rapist and potentially others who might be legally responsible. A rape lawyer is key in this civil lawsuit process, as they can help victims potentially receive significant compensation and justice. Below, Butler Kahn explain types and causes of rape in Georgia, the legal options for victims, potential damages, and the role of a rape lawyer.

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Types of Rape

In Georgia, rape is defined as having forced sexual intercourse with a woman against her will, or with a girl under ten years old. This includes any penetration, no matter how slight. Being married to the victim is not a defense.

There is also statutory rape, where an adult engages in sexual intercourse with an individual under the age of 16, who is not their spouse. It’s key to understand that in these cases, the consent of the younger individual, or the belief in their age, is not a valid defense under the law. The law here seeks to protect minors, who are deemed incapable of giving legal consent, from sexual exploitation by adults.

Causes of Rape

Power and control are often central elements, with the perpetrator using sexual assault as a means to dominate and exert control over the victim. This drive for power can overshadow any considerations of mutual consent or respect for the victim’s autonomy. Additionally, societal and cultural factors can play a role in the incidence of rape. Societal attitudes that trivialize or normalize sexual aggression contribute to an environment where perpetrators feel emboldened, and victims might feel silenced. Individual factors like a history of violence, substance abuse, or certain mental health issues can also increase the likelihood of someone committing rape.

Where Rapes Tend to Happen in Atlanta

In Atlanta, Georgia, like any large city, the risk of rape can be present in various settings. While it’s a common misconception that rapes predominantly occur in dark alleys or secluded areas, the truth is that they can happen in familiar and often perceived safe environments. Residential areas, for example, can be sites of these crimes, particularly in situations where the perpetrator is known to the victim. Social settings like parties or nightclubs, where alcohol and drugs might impair judgment and reduce inhibitions, can also become risky environments. Educational institutions and workplaces are not immune to rape and sexual harassment incidents either, especially given the dynamics of power and authority that can exist in these spaces. It’s important to remember that while certain locations might carry higher risks, rape is a crime driven by the perpetrator’s choices and not by the location.

Liability In Rape Cases Can Extend Beyond The Rapist

When discussing liability for rape in a legal context, it’s essential to start with the primary responsible party – the perpetrator. In any rape case, the individual who commits the act is fundamentally liable for their actions. This liability forms the basis of both criminal charges and potential civil litigation. However, the scope of legal responsibility can extend beyond just the perpetrator, depending on the circumstances surrounding the incident.

Property owners, for instance, can be held accountable in certain situations. If a rape occurs in a setting like a hotel, apartment complex, or business premises, and it can be demonstrated that inadequate security measures contributed to the crime, the property owner or manager could be liable. This form of liability rests on the principle of providing a safe environment, and if a failure in this duty leads to a criminal act like rape, the property owner can be held responsible in a civil court.

Employers can also be implicated in certain rape cases, particularly when the perpetrator is an employee acting within the scope of their employment. If, for example, an employee commits rape while performing their job duties or using their job-related authority or resources, the employer might be liable for failing to prevent the act or for not adequately supervising the employee.

Civil v. Criminal Matters

When it comes to pursuing a lawsuit or insurance claim based on rape, it’s important to distinguish between criminal and civil cases. While the criminal case focuses on punishing the perpetrator, a civil lawsuit aims at providing the victim with monetary compensation for the harm suffered. This can include compensation for medical expenses, psychological trauma, and other related damages. Victims can file a civil lawsuit against not only the perpetrator but also other parties like property owners or employers, as previously mentioned.

In some cases, victims might also have the option to file insurance claims, especially if the incident occurred in a location covered by insurance policies like homeowners’ insurance. This route can provide an additional avenue for seeking financial redress.

Georgia law generally allows victims to pursue civil rape cases within two years of the date of the event. If a child was raped, they have until their 53rd birthday to bring a claim against the rapist.

A rape lawyer plays an essential role in helping you handle the aftermath of such a traumatic event. They know the law and can offer you guidance throughout the process. Your lawyer will handle all the legal aspects, from filing the lawsuit to negotiating settlements or representing you in court. They ensure that all the necessary documentation, like medical records and police reports, is in order to build a strong case. Importantly, a lawyer also provides emotional support, understanding the sensitive nature of your situation and working to minimize any additional stress. By handling the legal issues, your lawyer allows you to focus on your recovery, ensuring that your rights are protected and that you receive the maximum compensation you deserve.

rape victim

Damages in Civil Rape Lawsuits

When you’re a victim of rape, you can seek several kinds of financial compensation. Medical expenses are a major category. This includes not just the immediate medical costs but also any future medical treatments you might need because of the rape. Lost wages, if you had to miss work due to the incident or its aftermath, can also be recovered. You may also be entitled to compensation for any psychological trauma, which covers the cost of mental health counseling and treatment for any emotional distress caused by the rape. Punitive damages, which are designed to punish the wrongdoer, might be awarded as well.

Steps to Take After Being Raped

If you’ve just been a victim of rape, the first and most important step is to get to a safe place. Your safety and well-being are paramount. Once you’re safe, consider seeking medical attention, even if you don’t think you’re physically injured. Hospitals can provide medical care and collect important evidence through a rape kit. It’s best not to shower or change clothes before this, as it can preserve important evidence. Next, think about reaching out to someone you trust, whether it’s a family member, friend, or a rape crisis counselor. They can offer support and help clarify the next steps. Reporting the incident to the police can be a critical step in holding the perpetrator accountable and preventing future attacks. Remember, documenting everything is key – from your immediate memories of the incident to any subsequent interactions or expenses related to it. Lastly, consider contacting a rape lawyer who can guide you through the legal options and help you seek justice and compensation.

Frequently Asked Questions

Can I file a lawsuit for rape?

Yes, you can file a civil lawsuit against the perpetrator and possibly others responsible, such as property owners.

The perpetrator primarily, but potentially property owners or employers if their negligence contributed.

In Georgia, you generally have two years from the incident to file a lawsuit.

Yes, you can sue civilly regardless of the outcome of the criminal trial.

While not required, a lawyer can significantly help in handling legal procedures and maximizing compensation.

Yes, if the rape occurred in an insured location, like a residence.

Insurance claims might cover medical expenses or property damages related to the incident.

Ensure your safety, seek medical attention, and collect any evidence like clothing or photos.

Yes, conversations with your lawyer are private and protected by attorney-client privilege.

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Contact Us Now For Legal Help

Atlanta Rape Attorney

If you’re in Atlanta and have experienced rape or another form of sexual assault, know that you have legal options. The lawyers at Butler Kahn understand what you’re going through and are here to help. For a conversation about your rights and what steps you can take next, contact Butler Kahn. You can reach us by calling (678) 940-1444 or contacting us online for a consultation with a rape attorney. This call is your first step towards seeking justice and healing. We’re here to listen and to fight for you.

Atlanta Attorney sits with team to discuss personal injury case

Meet Jeb Butler

/ PERSONAL INJURY ATTORNEY

It’s pretty simple: a lawyer should be good at what he does, care about his clients, and live up to his word. That is how we have built this firm.

I’ve been handling exclusively personal injury and wrongful death cases for over ten years. Before that, I worked as a prosecutor, public defender, federal law clerk, and (briefly) as a civil defense lawyer. In law school I argued on the National Moot Court team, published on the Law Review, and graduated magna cum laude. Doing well in law school opened lots of doors for me but it was not until I started my own law firm handling serious injury cases that I opened the right one.

What I learned before law school has mattered the most. I learned to work hard, for a long time, at jobs that were not glamorous. I shoveled sod, mucked stalls, fed horses and cows, cut grass, and ran a weed-eater. I learned to weld and drive a tractor. I learned about pride in a job well done.

That is what drives me now. I want to win my client’s case, look them at the eye at the end when we deliver the check, and know that my firm has lived up to its word of delivering top-tier legal work and top-tier client service.

Meet Matt Kahn

/ PERSONAL INJURY ATTORNEY

Meet Matt Kahn

PERSONAL INJURY ATTORNEY

If you’re on our page looking for a personal injury lawyer, you and your family have likely suffered a serious loss. This page probably isn’t the first law firm website you’ve visited. Let me tell you what we can do for you.
The three most important things you should look for in a lawyer are experience, work ethic, and communication.

  • Experience – I’ve dedicated my career to fighting for people and families who’ve suffered unimaginable losses by focusing solely on personal injury and wrongful death cases. It’s all we do at Butler Kahn.
  • Work Ethic – I fight for my clients around the clock. My day doesn’t end at 5:00 p.m. When I take on a case, that case becomes a significant part of my life. Why shouldn’t it? It’s certainly a significant part of yours.
  • Communication – Each of my clients have my cell phone number. If you want to talk to you lawyer, you should be able to on your time.

You need real lawyers who handle serious cases. That is what Butler Kahn does.