Legal Question in Criminal Law in Georgia

Statute of Limitations when a minor is raped by her physician in Georgia 1986, till now. As an adult, what can she do? He admitted to it, criminal charges were dropped, and she did not receive any private compensation.

Asked on 7/20/12, 10:32 am

3 Answers from Attorneys

Sparticus Heyward The Law Office of Sparticus Heyward, PC

More info is needed. Please give me a call for a free consultation. Specifically how old was she shen the attack occured?

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Answered on 7/20/12, 10:57 am

Lawrence Lewis Lawrence Lewis, P.C.

The statute of limitations on criminal rape charge is seven years, but the statute of limitations does not begin to run until the minor child turns 18. So, if she is 26 or older, the matter is closed. I suspect the matter is closed once you write that the criminal charges were dropped. If you are trying to recover money in civil court for a rape that is five or six years old, you have an uphill battle.

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Answered on 7/20/12, 2:38 pm
Glen Ashman Ashman Law Office

There are some ifs ands and buts, but in most cases the civil statute of limitations for childhood sexual abuse is 5 years once the victim reaches age of majority (18).”Childhood sexual abuse” is broadly defined to include acts related to rape, molestation, enticing a child, incest, sexual battery, and other sexual acts. I believe (and am saying this from memory and not research) that the present law applies to cases from 1992 forward.

Since you say this happened 26 years ago, I suspect there is no possible civil claim, but it would be worth it to consult with a lawyer with details.

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Answered on 7/20/12, 4:54 pm

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