Georgia law provides that victims of sex crimes may recover damages from the offender. In some cases, victims of sex crimes may also recover from a third party, such as the offender's employer or the owner of the property where the crime took place.

Sex crimes against children include child molestation and aggravated child molestation. Child molestation is defined as performing any indecent act on or in the presence of a child under 16 years of age with the intent to satisfy the desires of the victim or the offender. This crime is heightened to aggravated child molestation when the act physically injures the child or involves some form of sodomy.

There are a number of different sex crimes involving adults. One such offense is sexual battery. Sexual battery is committed when the offender intentionally makes contact with the intimate parts of another person without consent. This crime becomes aggravated when a foreign object is intentionally used to penetrate the sexual organ of another person. The crime of aggravated sodomy occurs when an offender commits a sexual act involving the sex organs of one person and the mouth or anus of the other. Lastly, a rape is committed when there is a nonconsensual penetration of the female sex organ by the male sex organ.

In certain cases, Georgia law allows victims of sex crimes the ability to recover general and specific damages, including medical bills, related expenses, and any pain and suffering that may have occurred. In an attempt to deter and punish the offender, punitive damages are usually allowed, and they are generally proper when there is evidence of malice, wantonness or oppression, or willful misconduct on the part of the offender. Additionally, the law is sensitive to the fact that sex crimes can create long-term psychological trauma for the victims. Future medical expenses may be awarded to treat a physical or mental condition if a causal connection between the offense and the resulting condition exists. Such damages also include the monetary cost of mental health treatment and counseling for the victim.

There are also situations when a third party is legally liable for the actions of the offender. Generally, an employer can be held liable for the actions of its employees when its own negligence is the cause of the injury. An employer has a duty to exercise ordinary care not to hire or retain an employee that the employer knows or should know poses a danger to others. The employer may be liable if it was reasonably foreseeable from the employee's tendencies that the employee could cause the type of injury the victim suffered. In such cases, a victim may seek to recover general and specific damages against an employer. A victim may also seek punitive damages in cases where the evidence shows that the employer exhibited a conscious indifference to the consequences of its failure to exercise ordinary care.

A business may also be held liable for a criminal attack if it failed to provide adequate security. Under Georgia law, a property owner can be found liable for a criminal attack if he or she had reasonable grounds to believe that a criminal act would occur and failed to safeguard against it. To show that a property owner had grounds to believe an attack would occur, the victim needs to show that there were prior crimes on or near the property that were substantially similar. These prior crimes do not have to be identical, but they must attract the attention of the owner to the dangerous condition that led to the victim's attack. Factors such as the location, nature, and extent of the prior crimes will determine if the owner should have taken steps or additional steps to prevent another attack from occurring. If the property owner is found to be at fault, the victim is entitled to recover general and specific damages. In some cases, punitive damages may also be awarded as a means to punish and deter.

The information provided above is a very general summary of the law regarding this particular legal issue at the time this text was prepared. Because this analysis is subject to change depending upon recent cases and developments, you should not rely on this summary as legal advice. As with any important legal question, you should always consult with a lawyer licensed to practice in your jurisdiction. Our lawyers are licensed to practice in all Georgia state and federal courts.