Georgia

 
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The Laws That Should Protect Our Children

Current Civil SOL in a nutshell

Window Open: July 1, 2015 – July 1, 2017

Effective July 1, 2015:

SOL vs. perp: Later of Age 23 or +2 years from discovery SOL vs. employer: Later of Age 23 or +2 years from discovery

Majority Tolling: Age 18 Discovery Tolling: Yes

Prior to July 1, 2015:

SOL vs. perp: +5 years from majority = Age 23 SOL vs. employer: +2 years from majority = Age 20

Majority Tolling: Age 18 Discovery Tolling: Extremely Unlikely (Narrow)

Age 23 or +2 years from discovery (whichever is later)

TOLLING:

a. Majority, yes, OCGA § 9-3-33.1 (b); O.C.G.A. § 39-1-1(a)

b. Discovery:

See page 3, lines 72-77 “(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.” • Also a finding of gross negligence is needed for damages vs employer where victim is over age 23. Where victim is under 23 finding of negligence only needed against employer.

See Lines 84 to 95 inclusive of bill “(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.

Current Criminal SOL in a nutshell

None (crimes on or after 7/1/12; and 7/1/92 – 6/30/12 with conclusory DNA evidence)

Age 23 (crimes 7/1/92-6/30/12 without DNA evidence)

§ 17-3-2.1.(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.

O.C.G.A. § 17-3-2.1.(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.

O.C.G.A. § 17-3-1(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.”)

O.C.G.A. § 17-3-1 (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.

O.C.G.A. § 17-3-1 (d) A prosecution for the following offenses may be commenced at any time when deoxyearibonucleic 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.

Age of Majority: 18. See, Ga. Code Ann. § 39-1-1.
Age of Consent: 16. See, Ga. Code Ann. § 16-6-3.

Age of Marriage with Parental Consent: 16.
Age of Marriage without Parental Consent: 18.
See, Ga. Code Ann. §§ 19-3-2, 19-3-37. See, Fla. Stat. Ann. § 741.0405.


Medical Neglect Statute

CIVIL MEDICAL NEGLECT STATUTE

No child who in good faith is being treated solely by spiri¬tual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner thereof shall, for that reason alone, be considered to be a “deprived child.” Georgia Code §15-11-2(8)

No child who in good faith is being treated solely by spiri¬tual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner thereof shall, for that reason alone, be considered to be an “abused” child. Georgia Code §49-5-180(5), 49-5-40(a), and 19-7-5(b) (The latter is in the laws governing reporting of child abuse and neglect.)

CRIMINAL MEDICAL NEGLECT STATUTE

GEORGIA defense to contributing to deprivation A person commits the offense of contributing to the. . . deprivation of a minor when such person: (3) Willfully commits an act or acts or willfully fails to act when such act or omission would cause a minor to be found to be a deprived child as such is defined in Code Section 15-11-2, relating to juvenile proceedings. [15-11-2 includes a religious exemption.] Georgia Code §16-12-1(b)(3)

Note: Sec. 19-3-103 is a civil statute with a religious exemption.


Religous Liberty Statute

Religious liberty statute that could put children at risk

Georgia does not have a Religious Freedom Restoration Act.