If I have an ongoing criminal case involving sexual assault or rape, can I file a civil case?

Yes. Criminal courts and civil courts run independently of each other. One type of case does not have to be finished before the other begins. Both criminal and civil cases have time limits as to when they can be filed. These time limits are called “statutes of limitations.” In Georgia, the civil statute of limitations for assault and battery claims (such as sexual assault claims) is generally two years. However, the time limit can be extended in several situations. For instance, if the survivor was under eighteen at the time of the rape or sexual assault, then the two-year time limit does not start until the survivor turns eighteen (so the survivor would have until age 20 to file suit). Also, if the attacker was or could have been prosecuted in criminal court, the two-year clock generally does not start ticking until either the criminal prosecution of the attacker is finished, or six years have passed, whichever is shorter. For example, if John Doe raped Jane Doe on January 1, 2018, and was being prosecuted in criminal court, the two-year deadline for Jane to sue John in civil court would be paused until the criminal prosecution ended. Then she would have two years from the end of the criminal trial to file suit. See O.C.G.A. § 9-3-99; Harrison v. McAfee, 338 Ga. App. 393, 788 S.E.2d 872 (2016) (en banc). Please bear in mind that if your statute of limitations runs out (if the two-year deadline or extended deadline passes), you cannot successfully file a lawsuit. There are many factors that go into calculating the time you have to file suit, and the best way to be sure you know how long you have to file a civil suit is by talking about it with a lawyer.