What should I know about sexual assault?

Sexual assault laws in Georgia

What should I know?

Contents

• What is sexual assault?
• What are my rights as a victim of a crime?
• What are my responsibilities as the victim of a crime?

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What is sexual assault?

Sexual assault is any sexual act done against another person's will. It may be the act (like rape) or trying to do the act (like attempted rape). Victims are young, old, and from every background.

What should I know about sexual assault?

• Sexual assault is never the victim's fault. 

• Rape is an act of power and control.

• Rape is the fastest-growing crime in America and the least reported. 

• 84% of rapes are done by a person known to the victim.

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What are my rights as a victim of a crime?

Georgia has a Crime Victims’ Bill of Rights. Under this bill, you have the right:

• To be treated fairly and with dignity by all criminal justice agencies involved in the case. To proceedings free from unreasonable delay.

• To reasonable, accurate, and timely notice of any scheduled court proceedings.

• To be notified of the availability of Victims Compensation, which is available under the Georgia Crime Victims Compensation Program at (800) 547-0060 or www.cjcc.ga.gov.

• To be notified of the Georgia Crime Victims Bill of Rights. 

• To be notified of community-based victim service programs.  

• To reasonable, accurate, and timely notice of the following: 

  • An arrest warrant is being issued for the accused.

  • The accused’s arrest.

  • The condition is that the accused is prohibited from contacting the victim.

  • The accused’s release or escape from custody.

  • Any court proceeding where the release of the accused will be considered.

  • Any scheduled court proceedings or any changes to such proceedings, including restitution hearings.

  • The accused’s release on an electronic release and/or monitoring program.  

• To be present at all criminal proceedings in which the accused has the right to be present.

• To NOT be excluded from any scheduled court proceedings, except as provided by law.

• To a waiting area, during judicial proceedings, that is separate from the accused and his or her relatives, friends, and witnesses. 

• To be reasonably heard at any scheduled court proceedings involving the release, plea, or sentencing of the accused.

• To complete a Victim Impact Statement and have it presented to the court before the trial or plea of the accused.

• To restitution as provided by law.

• To refuse to submit to an interview by the accused, the accused’s attorney, or an agent of the accused.

• To a requirement by the court that defense counsel not disclose victim information to the accused.

• To be notified by the Department of Behavioral Health and Developmental Disabilities (DBHDD) if the accused is committed to the DBHDD for an evaluation, as mentally incompetent to stand trial, or as not guilty by reason of insanity at the time of the crime. Upon the written request of the victim, at least ten days before the release or discharge, the department shall mail notice to the victim of the accused’s release from such facility. 

• To request not to receive any form of written, text, or electronic communication from an inmate who was convicted of a criminal offense against the victim  

• To be advised on how to file a complaint with the Judicial Qualification Commission if a judge denies the victim’s right to be heard. 

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What are my responsibilities as the victim of a crime?

Until the criminal case ends, you should always keep the prosecutor's office informed about your current address and phone number. Once the criminal case is over and if you wish to be notified of specific actions in the case, including the accused's release from custody, with a written request, you should provide the prosecutor's office with your current address and phone number, but you do not have to do so if you do not want to be notified.
 

Be aware that these notification systems do not always work. 

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What can I do?

Contents

 

• What can I do if I am sexually assaulted?
• What can I do if I need financial assistance?

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What can I do if I am sexually assaulted?

• Make sure you are safe. If you are in immediate danger, call 911. Otherwise, get somewhere safe or call a friend that you trust to help you. Your safety is what is most important.

• Get medical care. This may include:

  • Care for injuries,

  • A rape kit to collect evidence in case you want to file charges.

  • Treatment and testing for STDs,

  • Emergency contraception

• Seek support. The Rape, Abuse, and Incest National Network (RAINN) has a National Sexual Assault Hotline at 800-656-HOPE(4673). The hotline will connect you to a staff member from a sexual assault service provider in your area. The service provider can walk you through the process of getting help.

• Consider your reporting options. Reporting a crime to the police is not mandatory. You get to decide if that is something you want to do. If you wish to report the sexaul assault to the police, you can:

  • Call 911.

  • Contact your local police department by phone or in person.

  • Go to a medical facility and tell a doctor or nurse that you want to report the crime.  

• Seek a protective order against your attacker.

  • If the person who harmed you was related to you, you can ask the court for a Family Violence Protective Order. If the person was a spouse, former spouse, parent of your child, or person who is now (or was sharing your household), a Judge can order the person to stay away from you. The Judge can decide who keeps the child and who must pay child support. The Judge also may take away guns and divide property.

  • If the person who harmed you was not related to you, you can ask for a Stalking Protective Order. With this type of order, the Judge orders the person to stay away from you.

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What can I do if I need financial assistance?

Georgia has a victims’ compensation program. You may qualify if you were the victim of a crime. The maximum program award is $25,000 per victim, per victimization.The program covers a variety of expenses, including: 

• Medical expenses up to $15,000

• Funeral expenses up to $6,000

• Counseling expenses up to $3,000

• Lost Wages expenses up to $10,000

• Loss of Support expenses up to $10,000

• Crime Scene Sanitization up to $1,500

 

For crimes before May 6, 2015, the categorical cap is $3,000.

 

You may also ask for TANF, food stamps, Medicaid, Peachcare, Unemployment, Social Security, Victims Compensation, or help with housing. 

 

If you are denied any of these or if public housing is trying to remove you because of the sexual assault, contact Georgia Legal Services or Atlanta Legal Aid Society for help. 

 

If you want to sue the person who hurt you or an apartment complex that was negligent, we are not able to help you. But we may be able to help you to find a private attorney.

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