Here Is What Is Happening In Georgia
Civil Statute of Limitations
Discovery Rule: Unlikely
Limitations Period: Age 18 + 5 years for sex abuse
Age 18 + 2 years for other torts, negligence
Tolling:  Yes
  • Delayed Statute of Limitations for Most Sexual Offenses Against Minor Victims : 18 years old + 5 Years. The Statute of Limitations for childhood sexual abuse is 5 years once the victim reaches age of majority (18). Ga. Code Ann. § 9-3-33.1 “Childhood sexual abuse” is broadly defined to include acts related to rape, molestation, enticing a child, incest, sexual battery, and other sexual acts. Id.
     
  • Discovery Rule Unlikely : Georgia’s highest court has held that the common law discovery rule only applies to injuries that “develop only over an extended period of time.” Corp. of Mercer Univ. v. Nat’l Gypsum Co., 258 Ga. 365, 366 (1988). While the state Supreme Court has not directly ruled on whether injury resulting from sexual abuse is such an injury, the Court of Appeals for the 11th Circuit, applying Georgia law, has held that it is not. M.H.D. v. Westminster Schs., 172 F.3d 797, 804 (11th Cir. 1999).
     
  • No Retroactivity : Statute only applies from effective date, July 1, 1992. Ga. Code Ann. § 9-3-33.1 (Ga. L. 1992, p.2473 § 2, not codified by the Assembly, provided for prospective application only.)
Criminal Statute of Limitations
Limitations
Period: 		None if DNA evidence
Age 16 or discovery (whichever is earlier) + 7 years for child molestation, aggravated child molestation, enticing a child for indecent purposes and incest
7 years from the commission of the offense for felonies
2 years from the commission of the offense for misdemeanors
Tolling: Yes
Exceptions  Yes
  • 7-Year Statute of Limitations for Most Sexual Offenses Against Victims Under Age 18 : Prosecutions for crimes punishable by life imprisonment or by death, and felonies committed against victims under age 18 may be brought within 7 years. § 17-3-1(b)-(c).
  • Misdemeanors must be prosecuted within 2 years. § 17-3-1(d).
     
  • Delayed Statute of Limitations for Most Sexual Offenses Against Victims Under Age 16 : Prosecutions for cruelty to children, rape and statutory rape, sodomy, child molestation, enticing a child for indecent purposes, and incest of a victim less than 16 years old do not begin to run until the victim reaches that age or reports the crime, whichever is earlier. § 17-3-2.1.
     
  • No Statute of Limitations for Sexual Crimes If Identity of Accused is Based on DNA Evidence : § 17-3-1(c.1).
     
  • Limited Discovery Rule : No SOL period runs while the person who committed the crime is unknown or the crime itself is unknown. § 17-3-2.
State Outreach Organizations
Survivors Network of those Abused by Priests: Georgia

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