[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/butlerfirm.com\/blog\/understanding-georgia-sexual-assault-laws\/#BlogPosting","mainEntityOfPage":"https:\/\/butlerfirm.com\/blog\/understanding-georgia-sexual-assault-laws\/","headline":"Understanding Georgia Sexual Assault and Rape Laws","name":"Understanding Georgia Sexual Assault and Rape Laws","description":"Georgia sexual assault and rape victims are forced to deal with tremendous emotional and physical effects. While we always hope that the perpetrators of these incidents are brought to justice, that is not always the case. When victims of rape and sexual assault do not receive justice through the criminal system, they may be able… Continue reading Understanding Georgia Sexual Assault and Rape Laws<\/span><\/a>","datePublished":"2020-06-26","dateModified":"2026-04-17","author":{"@type":"Person","@id":"https:\/\/butlerfirm.com\/blog\/author\/matt-kahn\/#Person","name":"Matt Kahn","url":"https:\/\/butlerfirm.com\/blog\/author\/matt-kahn\/","identifier":25,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/e04949bdf1f2184cdeab337bb39535a4c17c4beb3ad3cd47e5524b20b38274a9?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/e04949bdf1f2184cdeab337bb39535a4c17c4beb3ad3cd47e5524b20b38274a9?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Butler Kahn","logo":{"@type":"ImageObject","@id":"https:\/\/butlerfirm.com\/wp-content\/uploads\/2020\/10\/Butler-Law-Firm-Logo.png","url":"https:\/\/butlerfirm.com\/wp-content\/uploads\/2020\/10\/Butler-Law-Firm-Logo.png","width":210,"height":93}},"image":{"@type":"ImageObject","@id":"https:\/\/butlerfirm.com\/wp-content\/uploads\/2020\/06\/georgia-sexual-assault.jpg","url":"https:\/\/butlerfirm.com\/wp-content\/uploads\/2020\/06\/georgia-sexual-assault.jpg","height":627,"width":1200},"url":"https:\/\/butlerfirm.com\/blog\/understanding-georgia-sexual-assault-laws\/","video":{"@context":"http:\/\/schema.org\/","@type":"VideoObject","@id":"https:\/\/www.youtube.com\/watch?v=a18m9HOm5os#VideoObject","contentUrl":"https:\/\/www.youtube.com\/watch?v=a18m9HOm5os","name":"Butler Kahn Advocates for Strengthening Georgia's Laws against Sexual Predators","description":"We have taken a strong stand not only in favor of our clients, but in favor of sexual assault victims across the state. We joined legislators, victims, and other attorneys at Georgia's Capitol to push for tougher laws against sexual predators.\n\nFor more about sexual assault and rape cases, visit https:\/\/butlerfirm.com\/georgia-crime-victims-lawyers\/rape-and-sexual-assault\/\n\n\u2757DISCLAIMER\u2757\n\nWe are not your lawyer. All content provided is for informational purposes only and not for the purpose of providing legal advice. Any verdicts, settlements or other case results discussed are not guaranteed and must be evaluated on their own merits.\n\nButler Kahn: https:\/\/butlerfirm.com\/\n\nAtlanta, Georgia location:\nhttps:\/\/maps.app.goo.gl\/Y3fCFkRVAn7jzGD16\n\nLawrenceville, Georgia location:\nhttps:\/\/maps.app.goo.gl\/PaShwcicz5DQDFsD6\n\nRoswell, Georgia location:\nhttps:\/\/maps.app.goo.gl\/uTVtgfq3RspJ5QQbA\n\nJonesboro, Georgia location:\nhttps:\/\/maps.app.goo.gl\/Jr2umQB8o32QaaRK6\n\nFREE GUIDES\nWhat To Do After a Car Accident: https:\/\/butlerfirm.com\/georgia-car-accident-lawyers\/what-to-do-after-an-accident\/\nShould I Hire an Accident Lawyer: https:\/\/butlerfirm.com\/atlanta-car-accident-lawyers\/when-needed\/\nGeorgia Wrongful Death Statute Explained: https:\/\/butlerfirm.com\/blog\/georgia-wrongful-death-statute-explained\/\n\nJOIN US ON SOCIAL MEDIA\nFacebook: https:\/\/www.facebook.com\/butlerfirmllc\nTwitter: https:\/\/twitter.com\/Butler_Firm\nInstagram: https:\/\/www.instagram.com\/butler_law_firm\/\nLinkedIn: https:\/\/www.linkedin.com\/company\/butlerfirm\/\n\nSEE OUR REVIEWS \nGoogle: https:\/\/search.google.com\/local\/reviews?placeid=ChIJoR24iRoG9YgRSH8GpDMLiMQ\nFacebook: https:\/\/www.facebook.com\/butlerfirmllc\/reviews\/","thumbnailUrl":["https:\/\/i.ytimg.com\/vi\/a18m9HOm5os\/default.jpg","https:\/\/i.ytimg.com\/vi\/a18m9HOm5os\/mqdefault.jpg","https:\/\/i.ytimg.com\/vi\/a18m9HOm5os\/hqdefault.jpg"],"uploadDate":"2017-08-23T13:54:04+00:00","duration":"PT54S","embedUrl":"https:\/\/www.youtube.com\/embed\/a18m9HOm5os","publisher":{"@type":"Organization","@id":"https:\/\/www.youtube.com\/channel\/UCeMYGr94Sf4LpYwIcO3P2Qw#Organization","url":"https:\/\/www.youtube.com\/channel\/UCeMYGr94Sf4LpYwIcO3P2Qw","name":"Butler Kahn","description":"We help people and families.\n\nOur firm specializes in personal injury and wrongful death cases. We are based in Atlanta, Georgia. We handle cases across Georgia and, for certain types of cases, all across the country.\n\nTOP-QUALITY LEGAL WORK. We do the work that lots of law firms skip. We track down witnesses, dig into the evidence, and prepare intensely for every deposition, trial, and hearing. We take a small number of cases so that we can devote our full attention to the clients we represent.\n\nPERSONAL SERVICE. If you hire us, you get us. You won't get blocked by a receptionist or leave unreturned messages. If you want to speak with your lawyer, you can.\n\nDOING WHAT WE SAY WE'LL DO. Some law firms make big promises at the beginning, then don\u2019t follow through. We shoot straight \u2013 when we tell you something about your case, good or bad, we mean it. No fake promises.\n\nButler Kahn\n10 Lenox Pointe\nAtlanta, GA 30324\n678-940-1444\n","logo":{"url":"https:\/\/yt3.ggpht.com\/NTOsbNEALVOnRbUCg7jUzYGcC4kNKsUTEVHm5TtiTQdLlfFKksLTnmiZG_t6zDG_e4ygtnva=s800-c-k-c0x00ffffff-no-rj","width":800,"height":800,"@type":"ImageObject","@id":"https:\/\/www.youtube.com\/watch?v=a18m9HOm5os#VideoObject_publisher_logo_ImageObject"}},"potentialAction":{"@type":"SeekToAction","@id":"https:\/\/www.youtube.com\/watch?v=a18m9HOm5os#VideoObject_potentialAction","target":"https:\/\/www.youtube.com\/watch?v=a18m9HOm5os&t={seek_to_second_number}","startOffset-input":"required name=seek_to_second_number"},"interactionStatistic":[[{"@type":"InteractionCounter","@id":"https:\/\/www.youtube.com\/watch?v=a18m9HOm5os#VideoObject_interactionStatistic_WatchAction","interactionType":{"@type":"WatchAction"},"userInteractionCount":446}],{"@type":"InteractionCounter","@id":"https:\/\/www.youtube.com\/watch?v=a18m9HOm5os#VideoObject_interactionStatistic_LikeAction","interactionType":{"@type":"LikeAction"},"userInteractionCount":4}]},"about":["Sexual Assault"],"wordCount":795,"articleBody":"Georgia sexual assault and rape victims are forced to deal with tremendous emotional and physical effects. While we always hope that the perpetrators of these incidents are brought to justice, that is not always the case. When victims of rape and sexual assault do not receive justice through the criminal system, they may be able to do so through a\u00a0civil lawsuit against the person who harmed them. We understand that holding perpetrators of rape and sexual assault accountable is incredibly difficult and that coming forward is hard to do.The terms \u201crape\u201d and \u201csexual assault\u201d are often used interchangeably in criminal and civil court. In Georgia, the law has two statutes related to rape:O.C.G.A. \u00a7 16-6-1 (Rape)O.C.G.A. \u00a7 16-6-3 (Statutory rape)When we review Georgia\u2019s rape law, we see that it is rather narrowly defined. In this state, rape occurs when a person \u201chas carnal knowledge\u201d of either:A female forcibly and against her willA female who is less than ten years of ageIn these cases, carnal knowledge is defined as \u201cpenetration of the female sex organ by the male sex organ.\u201d The definition of rape In Georgia is clearly defined based on a male raping a female.Statutory rape in Georgia is defined as \u201csexual intercourse with any person under the age of 16 years and not his or her spouse.\u201d Penalties for statutory rape depend on how old the perpetrator of the rape is. If the perpetrator is 18 years of age or younger, and no more than four years older than the victim, they are charged with a misdemeanor instead of a felony (punishable by no more than one year in jail). If the perpetrator is 21 years of age or older, they could be put in prison for between 10 and 20 years. A list of Georgia sexual assault and rape laws can be found on the\u00a0RAINN.org\u00a0victims advocate website.Other instances of sexual assaultAs we mentioned above, the definition of \u201crape\u201d under Georgia sexual assault and rape laws is generally defined as a man assaulting a woman (statutory rape can be either a man or woman perpetrating the assault).Georgia sexual assault and rape laws are prosecuted differently among men and women. In Georgia, women cannot be charged with rape against a man in the traditional sense. Instead, if a woman sexually assaults a man, other charges will apply. One charge that could be applied in these cases includes:O.C.G.A. \u00a7 16-6-22.1 (Sexual battery) \u2013 a person commits this offense when he or she intentionally makes physical contact with another person\u2019s intimate body parts without that person\u2019s consent. There are various other aspects of rape that are not addressed in Georgia sexual assault and rape laws. Specifically, what happened when a man rapes another man or a woman rapes another woman? In these cases, the sexual battery law mentioned above would likely apply. There is another charge that could be applicable in these cases:O.C.G.A. \u00a7 16-6-22.2 (Aggravated sexual battery) \u2013 in instances where a person intentionally penetrates a sex organ or the anus of another person with a foreign object without that person\u2019s consent.No, these charges technically do not label an assault as rape, even if a reasonable person would define the actions as such. However, they do make these actions crimes, and the perpetrator should be charged accordingly.How long after being molested can you press charges in GeorgiaIn Georgia, the time frame to press charges for molestation depends on the circumstances and timing of the crime. If the incident involved child molestation and occurred before July 1, 2012, charges must be filed within seven years after the victim\u2019s 16th birthday. For incidents that happened on or after July 1, 2012, there is no statute of limitations, meaning charges can be filed at any time. In cases where DNA evidence identifies the perpetrator, there is also no time limit for prosecution. Additionally, victims of child sexual abuse have until their 53rd birthday to pursue civil claims against the abuserWhat you can do moving forwardIf you or a loved one have been a victim of a Georgia sexual assault or rape is vital to\u00a0secure assistance from a qualified Atlanta sexual assault attorney\u00a0as soon as possible. Generally, the earlier you secure assistance from an attorney, the more likely the evidence is to be preserved. Please keep in mind that there is generally a two-year statute of limitations in place for these cases. There are various factors that affect the time limits you have to file a case, so please let your attorney evaluate the case so you can move forward on securing justice and compensation for what happened to you."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/butlerfirm.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"Understanding Georgia Sexual Assault and Rape Laws","item":"https:\/\/butlerfirm.com\/blog\/understanding-georgia-sexual-assault-laws\/#breadcrumbitem"}]}]