Skip to Main Content

Call US now 404 LAW-FIRM

How Much Compensation Can You Receive for Sexual Assault?


Any type of sexual assault—rape, groping, or penetration with an object—is an intentional tort in Georgia. Victims of sexual assault can sue their assailant and receive money damages in return.

Of course, money is an inadequate remedy. Sexual assault is also a crime, and the state might choose to prosecute your assailant. However, there are some additional considerations with criminal cases, such as the high standard of proof to gain a conviction (“guilt beyond a reasonable doubt”). Helpfully, sexual assault victims can still file their own civil lawsuit against their attacker, as well as any other party with liability for the assault, like the owner of the property where it happened. Money can’t make up for the assault, but it provides a measure of justice.

How much can you receive? In this article, our sexual assault attorney considers different factors at play when it comes to determining damages for an assault. Each case is different, and one person might receive more in their case than another. We provide the following general information to give you a sense of how we analyze these cases.

You Can Request Compensatory Damages

Under O.C.G.A. § 51-12-4, damages in Georgia are given as compensation for injuries. Some considerations include:

1.       Medical care, including psychological counseling. You’ll probably go to the hospital immediately after the assault, but you could also have ongoing medical expenses, such as counseling to help deal with the aftermath. We can usually request compensation for all medical bills.

2.       Lost wages or income. Many sexual assault victims miss time from work as they try to sort out what happened. We can request compensation for any lost wages/income, even if you are self-employed.

3.       Emotional distress/pain and suffering. Sexual assault can cause intense emotional anguish. Georgia recognizes “general” damages for non-economic losses, such as depression, anxiety, bodily pain, and mental distress. We demand a fair amount for our sexual assault clients.

These are the most common damages for personal injury cases.

Sexual Assault Victims Can Request Punitive Damages

Although a civil case isn’t criminal, there is still an element of punishment in some civil cases. Under O.C.G.A. § 51-12-5.1, a victim can seek punitive or exemplary damages due to various aggravating circumstances to penalize or deter a defendant.

The law states punitive damages are only available if there is clear and convincing evidence that the defendant’s actions showed malice, wantonness, oppression, willful misconduct, or conscious indifference to consequences.

We can request punitive damages in sexual assault cases. A person who assaults you had a specific intent to harm you. This isn’t an “accident” where someone bumps into you because they weren’t careful. Instead, they intentionally raped you, groped you, or performed some other profane sexual act against your will.

Punitive damages are unlimited when a defendant had the specific intent to harm the victim. That’s good news. We can request an amount we think will penalize and deter the defendant from committing this type of act.

However, you can probably receive punitive damages only against your assailant and not other defendants. Suppose you rent a hotel room with a broken lock on the door. An assailant breaks in during the night and sexually assaults you. Although you can seek punitive damages against the assailant, the hotel might have been merely careless in not fixing the door, which means the law doesn’t cover them.

The Defendant’s Resources Might Limit Your Financial Recovery

This is a limitation on what an assault victim can receive. You might be empowered under the law to seek millions in punitive damages, but the defendant might not have any way to pay. This is always a consideration in personal injury cases, including those involving sexual assault. In some cases, you can garnish wages or seek to gain control of personal or real property. But often there’s no real way to get significant damages from a defendant.

Some poor defendants might have no resources at all. We always carefully review the facts. We can investigate and ask to see financial records, because it’s easy for a defendant to claim they have no money.

A defendant without resources is “judgment proof.” But in those cases, we can try to add more defendants, including a property owner to seek at least compensatory damages, even if we cannot get punitive damages.

A Settlement Might Be Smaller than if You Sue

We usually settle most sexual assault cases. Settling can work to a client’s advantage:

  • You won’t have to testify publicly at trial. Many people want to avoid reliving painful memories, especially those who are assaulted as children. Avoiding trial also means you won’t suffer from a defense lawyer trying to blame you for the assault.
  • We can often receive compensation faster in a settlement, which is a benefit. You won’t have to wait years for litigation to conclude.
  • You don’t run the risk of losing a case at trial but are instead guaranteed of receiving some compensation.

There are downsides to settling, however. The amount is likely less than if you were to sue and win (although more than if you lost). Also, the defendant will probably insist on not admitting any wrongdoing.

What to Share with Your Attorney

There is no “average” sexual assault victim compensation. We can estimate what you might receive based on different facts of your case. Some information you can share with your legal team includes:

  • Your medical bills to treat your injuries suffered in the assault;
  • Whether you received or are continuing to receive counseling;
  • The impact the assault has had on your life, such as whether you dropped out of school or whether it has impaired your relationship;
  • Whether you missed work to recover.

Speak with an Experienced Sexual Assault Lawyer Today

We believe sexual assault victims deserve justice, and we are proud to offer a welcoming environment where assault survivors can share their stories with an attorney. Our consultations are confidential, so call (404) 529-3476 today to schedule your meeting with Stewart Miller Simmons Trial Attorneys.

Free Case Evaluation

Contact

We are more than ready to help.

We fight

for your justice.

award-winning Atlanta personal injury law firm