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

Age of Consent: 18

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 of Consent: 18

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)

2015 Pending Legislation

Signed into Law! Effective July 1, 2015

Civil Extension (H.B. 17)
Source: GA Legislature (http://www.legis.ga.gov/Legislation/en-US/display/20152016/HB/17)

§ 9-3-33.1. Actions for 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 16-6-1;
    • (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)  Pandering by compulsion, as prohibited in Code Section 16-6-14;
    • (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, 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 16-5-46;
    • (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.
  • (d)
    • (1)  For a period of two years following July 1, 2015, plaintiffs of any age who were time barred from filing a civil action for injuries resulting from childhood sexual abuse due to the expiration of the statute of limitations in effect on June 30, 2015, shall be permitted to file such actions against the individual alleged to have committed such abuse before July 1, 2017, thereby reviving those civil actions which had lapsed or technically expired under the law in effect on June 30, 2015.
    • (2)  The revival of a claim as provided in paragraph (1) of this subsection shall not apply to:
      • (A)  Any claim that has been litigated to finality on the merits in a court of competent jurisdiction prior to July 1, 2015. Termination of a prior civil action on the basis of the expiration of the statute of limitations shall not constitute a claim that has been litigated to finality on the merits;
      • (B)  Any written settlement agreement which has been entered into between a plaintiff and a defendant when the plaintiff was represented by an attorney who was admitted to practice law in this state at the time of the settlement, and the plaintiff signed such agreement; and
      • (C)  Any claim against an entity, as such term is defined in subsection (c) of this Code section.
    • (3)  This subsection shall be repealed effective July 1, 2017.

O.C.G.A. § 9-3-33.1

Previously Introduced Legislation

Professor Marci A. Hamilton Testimony

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Professor Marci A. Hamilton Testimony

Heather Crawford, Ga. lawmakers consider hidden predator act, WTLV

Progress in GA But chamber of commerce works behind the scenes

Rep. Jason Spencer Responds to Statement from Georgia Chamber

FOR IMMEDIATE RELEASE: Contact: Betsy Lynch Wednesday,…
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Christopher King, Survivor of sex abuse unhappy with hidden predator bill, CBS 46

"They have removed the 35 year extension," Williams said. The bill was stripped of its most important part.

Christopher King, Lawmakers debate child sex abuse bill, CBS 46

On Wednesday, lawmakers debated a proposal that would strengthen…

Georgia Alert - Hidden Predators Act Meeting Wednesday, Feb. 18th

M E M O R A N D U M February 10, 2015 TO:        Members,…
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Rachel Stockman, New bill being pushed by victims of child sex abuse, WSB-TV Atlanta

The “Hidden Predator Act” would also open more investigative records, and would add a two-year window for revival of claims for victims.

Sandra Parrish, Child sex abuse victims ask lawmakers for more time to sue their abusers, WSBradio

“They are threatened and they are very scared about alienating the entire family when they come out and tell the truth,” says Marci Hamilton, a professor at Cardozo School of Law at Yeshiva University in New York.

HB 17 (GA Hidden Predator Act) MEETING NOTICE

February 2, 2015 at 3 :00 PM in the Judiciary Committee meeting room 132 inside the Capitol
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Jason Felch, Top executives did not report suspected Scout abuse cases, files show, LA Times

In 1987, a Scoutmaster at a camp in northeast Georgia was accused of fondling a boy in a sleeping bag. The police were never told, interviews and records show.