Your Legal Rights Under the Criminal and Civil Justice System

Your Rights Under the Civil Justice System

If you were assaulted due to a lack of security or an exploitive relationship, you have the right to file a lawsuit to hold the at-fault person or business responsible.

Examples of Negligent Security:

• No security guards
• Poor lighting
• No security cameras
• Hiring employees with criminal history or without performing background checks

Examples of an exploitive relationship:

• Teacher
• Religious leader
• Doctor
• Nurse
• Therapist
• Camp counselor
• Coach

You may be entitled to compensation for your losses:

• Physical and Emotional Pain & Suffering
• Lost Wages
• Hospital Bills
• Doctor visits
• Counseling
• Other Treatment
• Punitive damages

Your Rights Under the Criminal Justice System

Georgia’s Crime Victim’s Bill of Rights

• The right to be treated fairly and with dignity
• The right to proceedings free from unreasonable delay
• Reasonable, accurate and timely notice of:
  • An arrest warrant issued for the accused
  • The accused’s arrest
  • The condition that the accused is prohibited from contacting the victim
  • The accused’s release or escape from custody
  • Any court proceeding where the release of the accused is considered
  • Any scheduled court proceeding changes
  • The accused’s release

• The right to be present at all criminal proceedings in which the accused has the right to be present
• To not be excluded from any scheduled court proceedings except as provided in O.C.G.A. 17-17-1
• The right to a waiting area during proceedings that’s separate from the accused and his/her friends or family
• To be heard at any court proceedings involving the release, plea or sentencing of the accused
• The right to waive notifications
• To be notified of community-based victim programs
• To complete a Victim Impact Statement and have it presented to the court prior to trial
• To restitution as provided by law
• To refuse to submit an interview by the accused, accused’s attorney or agent
• To a requirement by court that defense counsel not disclose victim information to the accused
• To be notified by the Department of Behavioral Health and Development Disabilities if the accused is committed for an evaluation, is mentally incompetent to stand trial or is evaluated as not guilty by reason of insanity at the time of the crime — at least 10 days before the release or discharge of the accused
• To request not to be contacted by an inmate who was convicted of a criminal offense against them
• To be advised on how to file a complaint with the Judicial Qualifying Commission if a judge denies the victim’s right to be heard
• The right to designate a spouse, adult child, parent, sibling, or grandparent to act on behalf of him or her, when the victim is physically unable
• The right to be notified of availability of compensation through the federal government when the victim has been trafficked for labor or sexual servitude

Who should be held responsible?

The police and District Attorney may bring criminal charges against your attacker, but you also have the right to pursue a civil case. Survivors of sexual assault/abuse can file a lawsuit against their attacker/abuser and sometimes against additional parties, like a business or landowner. For example, if the assault or abuse occurred at a place of business, a school, or other institution, the owner or manager could be held liable based on negligence.

Some important things to keep in mind:

• Georgia law requires business owners to take reasonable measures to protect people on their property
• Property owners must provide adequate security for customers or tenants
• Businesses that are aware of a previous crime that occurred on the property should take extra precautions
• Hospitals, facilities and schools have a responsibility to protect patients and students
• Organizations should always run background checks prior to hiring staff
• Apartment complexes and other businesses should provide adequate outdoor lighting
• If a crime occurs, all residents or patients should be notified of the crime

If you’re a survivor of sexual assault or abuse, contact SANE, Inc. at (706) 613-3808, email us at mdickens@accsane.org or fill out our contact form here. SANE takes calls and administers emergency exams 24 hours a day, 7 days a week. If you’re in immediate danger, call 911.