GEORGIA

CHILD SEX ABUSE SOLs

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CURRENT CIVIL SOL

The civil SOL for CSA, trafficking, and CSAM offenses against all defendants is age 23 with a 2-year discovery rule.

CIVIL SOL SNAPSHOT

AGE CAP

CSA: AGE 23

TRAFFICKING: AGE 23

CSAM: AGE 23

REVIVAL LAW

 NONE

DISCOVERY TOLLING

 2 YEARS

 

Civil SOL History

Age Cap

2002

Age 23 for claims against perpetrators and age 20 against other defendants.[i]

2015

Extended to age 23 for claims against other defendants.[ii]

 

Revival Law

2015

Enacted the Hidden Predator Act, which opened a 2-year revival window for previously expired CSA claims against perpetrators only from July 1, 2015 until June 30, 2017.[iii] Georgia’s was the first window that was limited to claims against perpetrators and did not include institutions.  Very few cases were brought, and, therefore, it is not looked upon as a model. Georgia considered a window that would encompass institutions in the years that followed, but the bills all failed.[iv]

 

Discovery

Common Law

No common law discovery rule for CSA.[v] 

Statutory

In 2015, Georgia added a 2-year statutory discovery rule for abuse committed on or after July 1, 2015.[vi]  Pursuant to the discovery rule, claims can be filed within 2 years from when a victim “knew or had reason to know of such abuse and that such abuse resulted in injury” that is “established by competent medical or psychological evidence.”[vii]  While the discovery provision has yet to be interpreted by Georgia courts, the statute is clear that it does apply to actions against perpetrators, institutions, and the government.[viii] 

 

[i] Ga. Code Ann. §§ 9-3-33.1(a)(2) (2002) (age twenty-three SOL), 9-3-33 (2002) (2-year SOL); 9-3-90 (2002) (minority tolling).

[ii] Id. at § 9-3-33.1(a)(2) (2015) (age twenty-three SOL), 9-3-33.1(b)(2) (2015).

[iii] Id. at § 9-3-33.1 (2015) (window); 2015 Ga. Laws 97 (H.B. 17).

[iv] Letter from Prof. Marci Hamilton to Rep. Spencer, (Feb. 26, 2018) at https://static1.squarespace.com/static/5a120b962aeba581dd692cd4/t/5a97527a419202f909ef78cf/1519866492894/Georgia_HPA2018_Letter_sent.pdf (analyzing 2018 window bill).  See Kate Brumback, Georgia Bill Aiming to Help CSA Victims Fails, Assoc. Press (Mar. 30, 2018, 3:41 PM), https://www.usnews.com/news/best-states/georgia/articles/2018-03-30/georgia-bill-aiming-to-help-child-sex-abuse-victims-fails.  For more information on SOL Reform in Georgia, see Emma Hetherington, et. al., SOLs for Child Sexual Abuse Civil Lawsuits in Georgia (Wilbanks Child Endangerment and Sexual Exploitation Clinic 2019), http://cease.law.uga.edu/sites/default/files/u61/2018-2019%20CEASE%20White%20Paper%20April%208%202019.pdf.

[v] M.H.D. v. Westminster Sch., 172 F.3d 797, 805 (11th Cir. 1999) (holding that under Georgia law, the discovery rule is only applicable to continuing torts and did not apply to toll the SOL for multiple instances of CSA); McArthur v. Beech Haven Baptist Church of Athens, 864 S.E.2d 189, 191-92 (Ga. Ct. App. 2021) (holding that the time limit set forth in section 9-3-33.1 is a statute of repose, not a SOL, and thus “cannot be tolled.”).

[vi] Ga. Code Ann. § 9-3-33.1(b)(2) (2021).

[vii] Id. at § 9-3-33.1(b)(2)(A)(ii).

[viii] Id. at § 9-3-33.1(c)(2)–(3) (requiring a finding of negligence or gross negligence and knowledge and failure to remediate on the part of the “entity” for the discovery rule to apply to an action against an entity). “Entity” is defined as an “institution, agency, firm, business, corporation, or other public or private legal entity.”  Id. at § 9-3-33.1(c)(1)(A).

CURRENT GEORGIA CIVIL LAW

Ga. Code Ann. § 9-3-33.1 - Childhood sexual abuse

(a)(1) As used in this subsection, the term “childhood sexual abuse” means any act committed by the defendant against the plaintiff which occurred when the plaintiff was under 18 years of age and which would be in violation of:

(A) Rape, as prohibited in Code Section 16-1-1; 

(B) Sodomy or aggravated sodomy, as prohibited in Code Section 16-6-2;

(C) Statutory rape, as prohibited in Code Section 16-6-3; 

(D) Child molestation or aggravated child molestation, as prohibited in Code Section 16-6-4; 

(E) Enticing a child for indecent purposes, as prohibited in Code Section 16-6-5;

(F) Pandering, as prohibited in Code Section 16-6-12; 

(G) Reserved;

(H) Solicitation of sodomy, as prohibited in Code Section 16-6-15; 

(I) Incest, as prohibited in Code section 16-6-22; 

(J) Sexual battery, as prohibited in Code Section 16-6-22.1; or  

(K) Aggravated sexual battery, as prohibited in Code Section 16-6-22.2. 

(2) Notwithstanding Code Section 9-3-33 and except as provided in subsection (d) of this Code section as it existed on June 30, 2017, any civil action for recovery of damages suffered as a result of childhood sexual abuse committed before July 1, 2015, shall be commenced on or before the date the plaintiff attains the age of 23 years.

(b)(1) As used in this subsection, the term “childhood sexual abuse” means any act committed by the defendant against the plaintiff which occurred when the plaintiff was under 18 years of age and which would be in violation of:

(A) Trafficking a person for sexual servitude, as prohibited in Code Section 16-4-46;

(B) Rape, as prohibited in Code Section 16-6-1; 

(C) Statutory rape, as prohibited in Code Section 16-6-3, if the defendant was 21 years of age or older at the time of the act;

(D) Aggravated sodomy, as prohibited in Code Section 16-6-2; 

(E) Child molestation or aggravated child molestation, as prohibited in Code Section 16-6-4, unless the violation would be subject to punishment as provided in paragraph (2) of subsection (b) of Code Section 16-6-4 or paragraph (2) of subsection (d) of Code Section 16-6-4;

(F) Enticing a child for indecent purposes, as prohibited in Code Section 16-6-5, unless the violation would be subject to punishment as provided in subsection (c) of Code Section 16-6-5; 

(G) Incest, as prohibited in Code Section 16-6-22; 

(H) Aggravated sexual battery, as prohibited in Code Section 16-6-22.2; or

(I) Part 2 of Article 3 of Chapter 12 of Title 16.

(2)(A) Notwithstanding Code Section 9-3-33, any civil action for recovery of damages suffered as a result of childhood sexual abuse committed on or after July 1, 2015, shall be commenced:

(i) On or before the date the plaintiff attains the age of 23 years; or

(ii) Within two years from the date that the plaintiff knew or had reason to know of such abuse and that such abuse resulted in injury to the plaintiff as established by competent medical or psychological evidence.

(B) When a plaintiff’s civil action is filed after the plaintiff attains the age of 23 years but within two years from the date that the plaintiff knew or had reason to know of such abuse and that such abuse resulted in injury to the plaintiff, the court shall determine from admissible evidence in a pretrial finding when the discovery of the alleged childhood sexual abuse occurred. The pretrial finding required under this subparagraph shall be made within six months of the filing of the civil action.

(c)(1) As used in this subsection, the term:

(A) “Entity” means an institution, agency, firm, business, corporation, or other public or private legal entity.

(B) “Person” means the individual alleged to have committed the act of childhood sexual abuse.

(2) If a civil action for recovery of damages suffered as a result of childhood sexual abuse is commenced pursuant to division (b)(2)(A)(i) of this Code section and if the person was a volunteer or employee of an entity that owed a duty of care to the plaintiff, or the person and the plaintiff were engaged in some activity over which such entity had control, damages against such entity shall be awarded under this Code section only if by a preponderance of the evidence there is a finding of negligence on the part of such entity.

(3) If a civil action for recovery of damages suffered as a result of childhood sexual abuse is commenced pursuant to division (b)(2)(A)(ii) of this Code section and if the person was a volunteer or employee of an entity that owed a duty of care to the plaintiff, or the person and the plaintiff were engaged in some activity over which such entity had control, damages against such entity shall be awarded under this Code section only if by a preponderance of the evidence there is a finding that there was gross negligence on the part of such entity, that the entity knew or should have known of the alleged conduct giving rise to the civil action and such entity failed to take remedial action.

Case law

CURRENT CRIMINAL SOL

CSA: There is no SOL in Georgia for many felony CSA crimes against children under age sixteen, including rape. The SOL is age 31 for forcible rape of a sixteen-year-old and age 32 for forcible rape of a seventeen-year-old.  The SOL is 7 years from the offense for remaining felonies and 2 years from the offense for misdemeanors. 

Trafficking: There is no SOL for trafficking.

CSAM: The SOL for felony CSAM violation is 7 years from the offense. The SOL for misdemeanor CSAM violations is 2 years from the offense.

CRIMINAL SOL SNAPSHOT

CSA

NO SOL

TRAFFICKING

 NO SOL

CSAM

 7 YEARS FROM OFFENSE

 

Criminal SOL History

Age Cap

2002

The SOL for some felony and misdemeanor sex abuse crimes of children under age 16 was age 23 (age 16, plus 7 years) or 7 years after reporting to law enforcement, whichever was earlier.  The SOL for forcible rape of victims under age 16 was the earlier of age 31 (age 16, plus 15 years) or 15 years after reporting to law enforcement. For victims aged 17, the SOL was age 32 (age 17, plus 15 years).[i]  The SOL for felony CSAM offenses was set at 7 years from the offense for victims under age 18.[ii] Also, there has not been an SOL for certain sex offenses when DNA evidence is used to establish the perpetrator’s identity.[iii]

2012

Eliminated for some felony offenses against children under age 16, including rape, sodomy, trafficking, molestation, and incest.[iv]

 

[i] Ga. Code Ann. §§ 17-3-1 (2002) (SOL), 17-3-2.1 (2002) (majority tolling).

[ii] Id. at § 17-3-1(c) (2002).

[iii] Id. at § 17-3-1 (2002) (DNA).

[iv] Id. at §§ 17-3-1 (2012) (SOL), 17-3-2.1 (2012) (majority tolling).

CURRENT GEORGIA CRIMINAL LAW

Ga. Code Ann. § 17-3-1 - Limitation of prosecutions

(a) A prosecution for murder may be commenced at any time.

(b) Except as otherwise provided in Code Section 17-3-2.1, prosecution for other crimes punishable by death or life imprisonment shall be commenced within seven years after the commission of the crime except as provided by subsection (d) of this Code section; provided, however, that prosecution for the crime of forcible rape shall be commenced within 15 years after the commission of the crime.

(c) Except as otherwise provided in Code Section 17-3-2.1, prosecution for felonies other than those specified in subsections (a), (b), and (d) of this Code section shall be commenced within four years after the commission of the crime, provided that prosecution for felonies committed against victims who are at the time of the commission of the offense under the age of 18 years shall be commenced within seven years after the commission of the crime.

(d) A prosecution for the following offenses may be commenced at any time when deoxyribonucleic acid (DNA) evidence is used to establish the identity of the accused:

(1) Armed robbery, as defined in Code Section 16-8-41;

(2) Kidnapping, as defined in Code Section 16-5-40;

(3) Rape, as defined in Code Section 16-6-1;

(4) Aggravated child molestation, as defined in Code Section 16-6-4;

(5) Aggravated sodomy, as defined in Code Section 16-6-2; or

(6) Aggravated sexual battery, as defined in Code Section 16-6-22.2;

provided, however, that a sufficient portion of the physical evidence tested for DNA is preserved and available for testing by the accused and provided, further, that if the DNA evidence does not establish the identity of the accused, the limitation on prosecution shall be as provided in subsections (b) and (c) of this Code section.

(e) Prosecution for misdemeanors shall be commenced within two years after the commission of the crime.

Ga. Code Ann. § 17-3-2.1 - Periods excluded from limitation of prosecution for certain offenses

(a) For crimes committed during the period beginning on July 1, 1992, and ending on June 30, 2012, if the victim of a violation of:

(1) Cruelty to children, as defined in Code Section 16-5-70;

(2) Rape, as defined in Code Section 16-6-1;

(3) Sodomy or aggravated sodomy, as defined in Code Section 16-6-2;

(4) Statutory rape, as defined in Code Section 16-6-3;

(5) Child molestation or aggravated child molestation, as defined in Code Section 16-6-4;

(6) Enticing a child for indecent purposes, as defined in Code Section 16-6-5; or

(7) Incest, as defined in Code Section 16-6-22,

is under 16 years of age on the date of the violation, the applicable period within which a prosecution shall be commenced under Code Section 17-3-1 or other applicable statute shall not begin to run until the victim has reached the age of 16 or the violation is reported to a law enforcement agency, prosecuting attorney, or other governmental agency, whichever occurs earlier. Such law enforcement agency or other governmental agency shall promptly report such allegation to the appropriate prosecuting attorney.

(b) For crimes committed on and after July 1, 2012, if the victim of a violation of:

(1) Trafficking a person for sexual servitude, as defined in Code Section 16-5-46;

(2) Cruelty to children in the first degree, as defined in Code Section 16-5-70;

(3) Rape, as defined in Code Section 16-6-1;

(4) Aggravated sodomy, as defined in Code Section 16-6-2;

(5) Child molestation or aggravated child molestation, as defined in Code Section 16-6-4;

(6) Enticing a child for indecent purposes, as defined in Code Section 16-6-5; or

(7) Incest, as defined in Code Section 16-6-22,

is under 16 years of age on the date of the violation and the violation is not subject to punishment as provided in paragraph (2) of subsection (b) of Code Section 16-6-4, paragraph (2) of subsection (d) of Code Section 16-6-4, or subsection (c) of Code Section 16-6-5, a prosecution may be commenced at any time.

Case Law

The information provided is solely for informational purposes and is not legal advice. To determine the Georgia SOL in a particular case, contact a lawyer in the state.

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Last Updated: November 29, 2023