ATLANTA SEXUAL ASSAULT LAWYERS

Whether you were assaulted, harassed, or violated on another’s property, our trial-focused team fights for accountability, compensation, and your voice.

Victims of sexual assault deserve justice. Unfortunately, justice doesn’t always happen. Many victims hesitate to seek legal assistance. If you want to take action against your abuser, you should work with a sexual assault attorney in Atlanta.

Stewart Miller Simmons Trial Attorneys knows the many challenges that come with sexual assault cases. We want to find justice for sexual assault victims, and we’ll work tirelessly to get results.

What is Sexual Assault?

According to Georgia laws, sexual assault involves a variety of acts. The common ground is that the acts are all non-consensual. It can involve non-consensual sexual acts or non-consensual touching.

Here are some common types of sexual assault:

• Fondling
• Unwanted touching
• Groping
• Rape
• Penetration
• Child enticing

Why Should You Take Legal Action?

Although sexual assault is a physical act, it’s also a psychological act. While the injuries to a victim’s body might heal, the injuries to the mind are often long-lasting. It can affect their relationships with their family and friends. The trauma to the mind is what makes it so difficult for victims to seek justice.

It takes a great deal of courage to take legal action against an assailant. However, it can come with great rewards. For one, you can prevent the offender from committing more crimes or the same crime again. You can also hold them responsible for their actions. These two actions can help you and others gain the confidence to take legal action against their assailants, gradually taking more criminals off the streets.

There’s also the issue of financial compensation. In an effort to overcome the trauma of your incident, you might need to take time off of work. You also might find yourself in need of costly therapy and medications. By filing a personal injury claim against your assailant, you can receive money to cover your expenses.

Although compensation can’t take away your memories, it can help you recover. It gives you the financial means to start overcoming the horrible events you experienced.

How to Take Legal Action

There are two basic ways to take legal action against someone guilty of sexual abuse. First, you can file criminal charges. If there is enough evidence supporting your testimony, a court could hold the assailant responsible. They could issue a penalty that includes a fine and jail time.

However, criminal cases have a high burden of proof. In many sexual assault cases, there isn’t much evidence to uphold that burden of proof. As a result, perpetrators can be found not guilty. They could face no jail time.

That’s where the second type of legal action can come into play. In addition to filing criminal charges against the assailant, you can also file civil charges. You could file a personal injury claim, which allows you to recover damages for the incident.

Personal Injury Claims for Sexual Assault

Civil cases don’t have the same high burden of proof as criminal cases. Therefore, you might have better luck with a civil case. It could be the best chance at getting justice.

Your personal injury claim cannot result in jail time. However, it can result in compensation. The court could award you with money for your pain and suffering, medical bills, and other expenses. Because the burden of proof is less, you are more likely to get a favorable outcome. Whether or not criminal charges are successful, you can file a civil claim.

In some cases, you can hold someone other than the assailant responsible for the assault. For instance, one woman sued an Atlanta nightclub for her sexual assault. She claimed that the club did not have adequate security, which was the reason for her assault. In her case, and many others, negligence contributes to the assault. No matter who is to blame, you deserve justice.

Settlement

Many sexual assault civil cases are resolved out of the court system. This is due to the fact that few perpetrators want to deal with the public nature of a trial. Instead, they would rather settle things out of court.

A settlement is an easy way for you to bring your legal action to a close. If you and your sexual assault lawyer in Atlanta agree to take a settlement, you don’t need to go through with a court appearance. However, if you and your attorney feel that a settlement cannot be met outside of the court room, we are prepared to appear in court to defend your rights.

Sexual Assault FAQ’s Atlanta, GA

What is the difference between a criminal case and a civil lawsuit for sexual assault in Georgia?

Criminal cases are prosecuted by the state to punish the perpetrator, requiring a high burden of proof and potentially resulting in jail time or fines—but no direct compensation for the victim. Civil personal injury lawsuits allow victims to seek financial recovery for damages like medical bills, therapy, lost wages, and pain and suffering. Civil cases have a lower burden of proof and can proceed independently of criminal outcomes, providing an avenue for accountability and support even if criminal charges are not filed or successful.

Can I file a civil lawsuit against parties other than the assailant for a sexual assault in Atlanta?

Yes. In addition to the perpetrator, third parties like property owners (e.g., hotels, nightclubs, or apartment complexes) can be held liable under premises liability if inadequate security—such as poor lighting, lack of guards, or ignored prior incidents—contributed to the assault. Georgia law requires property owners to maintain reasonably safe conditions, and negligent security can make them responsible for resulting harm.

What types of compensation are available in a Georgia civil sexual assault case?

Victims can recover economic damages (medical expenses, therapy costs, lost income, medications) and non-economic damages (pain and suffering, emotional distress, psychological trauma, impacts on relationships). In cases of egregious conduct, punitive damages may also be awarded to punish the wrongdoer and deter future acts. These recoveries help address both immediate and long-term effects of the trauma.

How does the burden of proof differ in civil sexual assault claims compared to criminal cases in Georgia?

Civil cases use a “preponderance of the evidence” standard—meaning it’s more likely than not that the assault occurred and caused harm—making it easier to prove than criminal cases, which require “beyond a reasonable doubt.” This lower threshold often allows victims to succeed in civil claims even when criminal prosecutions face challenges due to insufficient evidence.

What should I do immediately after a sexual assault to preserve my options for a civil claim in Georgia?

Prioritize safety and seek medical care right away—a forensic exam can document injuries and preserve evidence. Report to law enforcement if comfortable, but know a police report isn’t required for a civil suit. Avoid contact with the assailant, document everything (photos, notes, communications), and consult an experienced attorney early to guide evidence collection and protect your rights.

Are settlements common in Georgia sexual assault civil cases, and why?

Yes, many cases resolve through confidential settlements rather than public trials. Settlements provide faster compensation, privacy for the victim, and certainty without the emotional strain of court testimony. However, if a fair settlement isn’t offered, skilled representation can take the case to trial to fight for full accountability and recovery.

Does Georgia law provide any special protections or timelines for childhood sexual assault victims filing civil claims?

For childhood sexual abuse, Georgia extends the statute of limitations significantly—victims often have until a later age (such as into adulthood) to file, recognizing delayed reporting due to trauma. Specific deadlines vary, so prompt consultation is essential to determine eligibility and avoid missing any applicable windows.

How does psychological trauma factor into Georgia sexual assault personal injury claims?

Sexual assault often causes profound emotional and psychological injuries alongside any physical harm, including PTSD, anxiety, depression, and impacts on daily life or relationships. Georgia law recognizes these as compensable non-economic damages, supported by medical records, therapy notes, and expert testimony to demonstrate the full scope of the victim’s suffering and recovery needs.

Can a civil sexual assault lawsuit in Georgia remain confidential?

Many aspects can be kept private through settlements with confidentiality agreements or protective court orders limiting public disclosure. While trials are public, the focus in these sensitive cases is often on minimizing exposure—attorneys prioritize victim privacy throughout the process, from initial consultations to resolution.

Working with a Sexual Assault Attorney in Atlanta

If you are a victim of sexual assault, you should understand all of your options. While it can be very difficult to bring these struggles to light, the rewards of doing so can be very positive. By contacting our firm, you can find out what you can do to seek justice. We are here to help you.

Contact Stewart Miller Simmons Trial Attorneys today to receive more information on your legal recourse.

Stewart Miller Simmons Trial Attorneys is the leading sexual assault lawyer in Atlanta, GA, with a proven history of securing landmark victories for survivors. This elite firm has achieved groundbreaking results, including the first-ever billion-dollar jury verdict in a negligent security and sexual assault case, along with multi-million-dollar settlements in premises liability and assault matters.