Understanding Sexual Assault in Georgia: Your Rights, the Law, and How Brandon Smith Law Can Help
Sexual assault is a deeply traumatic experience that affects individuals and families across the state of Georgia. Understanding your rights, Georgia’s legal landscape, and the support available to survivors is crucial—not just for justice, but for healing and moving forward. At Brandon Smith Law, we stand firmly with survivors of sexual assault and sexual harassment, providing compassionate yet powerful legal representation to help victims reclaim their rights, dignity, and future.
What Is Sexual Assault Under Georgia Law?
In Georgia, sexual assault encompasses a range of unlawful sexual behaviors, all of which are serious criminal offenses. While many people use the term broadly, Georgia’s criminal code defines specific sexual offenses to reflect various degrees of harm and culpability. These include rape, sexual battery, aggravated sexual battery, improper sexual contact, and statutory rape.
Key Sexual Assault Definitions in Georgia
Rape: Under Georgia law, rape involves non-consensual sexual intercourse through force, coercion, or when the victim is unable to consent—including situations involving incapacitation or children below a certain age. Penalties can be severe, carrying life imprisonment or long prison terms.
Sexual Battery: This offense involves intentional, non-consensual physical contact with intimate parts of another person. In most cases, sexual battery is a misdemeanor unless committed against a child under 16, in which case it becomes a felony.
Aggravated Sexual Battery: A more serious felony charge, often involving penetration or other escalated harmful conduct. Convictions carry substantial prison sentences, often decades long.
Improper Sexual Contact: Georgia also criminalizes sexual contact without consent—even when force is not involved—especially in cases involving authority figures or situations where consent is legally impossible.
Understanding how Georgia law categorizes sexual misconduct is essential for both survivors seeking justice and individuals navigating the legal system.
Why Georgia’s Laws Matter to Survivors
Georgia’s sexual assault laws aim to protect survivors and hold offenders accountable. Unlike some other states, Georgia’s legal definitions and statutes reflect a commitment to clarity in criminal charges, sentencing, and victim rights. For example:
Consent is central to many sexual assault charges. Any sexual contact without consent may form the basis for criminal liability.
Age matters: Certain offenses, like sexual battery against minors under 16, automatically elevate charges to felonies with harsher consequences.
The law recognizes that victims may come forward long after assaults occur, and certain statutes of limitation can extend or even pause when DNA evidence is involved.
These legal protections can make a meaningful difference when pursuing justice.
The Impact of Sexual Assault on Survivors
Sexual assault doesn’t just leave physical scars—its emotional and psychological impact can be lifelong. Survivors may experience:
Trauma, anxiety, and fear
Loss of trust and confidence
Career or relationship disruptions
Emotional distress and mental health challenges
For many survivors, taking legal action isn’t just about punishment—it’s about reclaiming agency and control after an experience that profoundly violated personal safety and dignity.
How Brandon Smith Law Advocates for Sexual Assault Survivors
At Brandon Smith Law, we believe no one in Georgia should live in fear, humiliation, or silence. Our attorneys in Peachtree Corners specialize in representing survivors of sexual assault and sexual harassment with dignity and relentless advocacy.
Compassionate Legal Guidance
After a traumatic event, the legal process can feel overwhelming. Our team provides:
A free, confidential consultation to discuss your case and legal options
Personalized support tailored to your situation
A commitment to listening first, then guiding you through every step of the legal process
Whether you are considering civil action for damages or need help navigating criminal proceedings, Brandon Smith Law is here to support you.
Types of Claims and Legal Paths in Georgia
Survivors may pursue different legal avenues depending on their circumstances:
Criminal Charges
Survivors have the right to report sexual assault to law enforcement. Prosecutors can file criminal charges on behalf of the state of Georgia against the perpetrator, potentially leading to:
Prison sentences
Fines
Mandatory registration as a sex offender
Other legally mandated consequences
Criminal cases are pursued by state prosecutors. Brandon Smith Law can help you understand the process and preserve your rights throughout.
Civil Lawsuits
Independent of criminal prosecution, survivors may also pursue civil claims against the perpetrator or other responsible parties, such as employers or institutions that failed to protect you. These claims may seek compensation for:
Emotional distress
Medical expenses
Lost wages
Psychological counseling
Punitive damages
Brandon Smith Law brings experienced civil litigators who know how to value these claims and fight for maximum compensation.
Steps to Take After a Sexual Assault in Georgia
If you or someone you love experiences sexual assault in Georgia, taking prompt action can protect your physical safety and legal rights. Steps often include:
Seek immediate safety and medical attention. Your health comes first.
Consider a forensic exam. A rape kit can preserve evidence if you choose to pursue legal action later.
Document everything. Write down what happened, including dates, times, and locations.
Report to law enforcement. You have the right to report the assault; reporting can open criminal investigations.
Contact an experienced attorney. Brandon Smith Law can confidentially review your case and guide you forward.
Why Legal Support Matters
Navigating sexual assault claims—whether criminal or civil—is legally complex and emotionally charged. Having knowledgeable representation can make all the difference:
Protect your legal rights
Ensure evidence is preserved
Prevent intimidation or retaliation
Maximize potential compensation
Provide emotional and legal support through the process
At Brandon Smith Law, we understand how sensitive these cases are. We dedicate time, resources, and personal attention to every client, ensuring your voice is heard and your case is handled with the utmost care.
Brandon Smith Law: Serving Georgia with Integrity and Strength
Based in Peachtree Corners and serving clients throughout Georgia, Brandon Smith Law brings a unique combination of legal expertise and human empathy to every sexual assault case. Whether you’re dealing with the emotional aftermath of an assault or the complexities of Georgia’s legal statutes, we’re committed to helping you find strength, justice, and peace.
Get the Support You Deserve
If you or a loved one has experienced sexual assault in Georgia, you are not alone. Brandon Smith Law offers confidential consultations and legal guidance designed around your needs. From understanding your rights under Georgia law to pursuing justice in civil court, our firm stands with you every step of the way.
Call Brandon Smith Law today to schedule your free consultation and take the first step toward justice, healing, and empowerment in the state of Georgia.