§ 9-3-33-1 — Actions for childhood sexual abuse

Georgia § 9-3-33-1

• Jurisdiction: Georgia
• Title: 9

Text

(a) (1) As used in this subsection, the term "childhood sexual abuse" means any act committed by the defendant against the plaintiff which occurred when the plaintiff was under 18 years of age and which would be in violation of: (A) Rape, as prohibited in Code Section 16-6-1 ; (B) Sodomy or aggravated sodomy, as prohibited in Code Section 16-6-2 ; (C) Statutory rape, as prohibited in Code Section 16-6-3 ; (D) Child molestation or aggravated child molestation, as prohibited in Code Section 16-6-4 ; (E) Enticing a child for indecent purposes, as prohibited in Code Section 16-6-5 ; (F) Pandering, as prohibited in Code Section 16-6-12 ; (G) Reserved; (H) Solicitation of sodomy, as prohibited in Code Section 16-6-15 ; (I) Incest, as prohibited in Code Section 16-6-22 ; (J) Sexual battery, as prohibited in Code Section 16-6-22.1 ; or (K) Aggravated sexual battery, as prohibited in Code Section 16-6-22.2 . (2) Notwithstanding Code Section 9-3-33 and except as provided in subsection (d) of this Code section as it existed on June 30, 2017, any civil action for recovery of damages suffered as a result of childhood sexual abuse committed before July 1, 2015, shall be commenced on or before the date the plaintiff attains the age of 23 years. (b) (1) As used in this subsection, the term "childhood sexual abuse" means any act committed by the defendant against the plaintiff which occurred when the plaintiff was under 18 years of age and which would be in violation of: (A) Trafficking a person for sexual servitude, as prohibited in Code Section 16-5-46 ; (B) Rape, as prohibited in Code Section 16-6-1 ; (C) Statutory rape, as prohibited in Code Section 16-6-3 , if the defendant was 21 years of age or older at the time of the act; (D) Aggravated sodomy, as prohibited in Code Section 16-6-2 ; (E) Child molestation or aggravated child molestation, as prohibited in Code Section 16-6-4 , unless the violation would be subject to punishment as provided in paragraph (2) of subsection (b) of Code Section 16-6-4 or paragraph (2) of subsection (d) of Code Section 16-6-4 ; (F) Enticing a child for indecent purposes, as prohibited in Code Section 16-6-5 , unless the violation would be subject to punishment as provided in subsection (c) of Code Section 16-6-5 ; (G) Incest, as prohibited in Code Section 16-6-22 ; (H) Aggravated sexual battery, as prohibited in Code Section 16-6-22.2 ; or (I) Part 2 of Article 3 of Chapter 12 of Title 16. (2) (A) Notwithstanding Code Section 9-3-33 , any civil action for recovery of damages suffered as a result of childhood sexual abuse committed on or after July 1, 2015, shall be commenced: (i) On or before the date the plaintiff attains the age of 23 years; or (ii) Within two years from the date that the plaintiff knew or had reason to know of such abuse and that such abuse resulted in injury to the plaintiff as established by competent medical or psychological evidence. (B) When a plaintiff's civil action is filed after the plaintiff attains the age of 23 years but within two years from the date that the plaintiff knew or had reason to know of such abuse and that such abuse resulted in injury to the plaintiff, the court shall determine from admissible evidence in a pretrial finding when the discovery of the alleged childhood sexual abuse occurred. The pretrial finding required under this subparagraph shall be made within six months of the filing of the civil action. (c) (1) As used in this subsection, the term: (A) "Entity" means an institution, agency, firm, business, corporation, or other public or private legal entity. (B) "Person" means the individual alleged to have committed the act of childhood sexual abuse. (2) If a civil action for recovery of damages suffered as a result of childhood sexual abuse is commenced pursuant to division (b)(2)(A)(i) of this Code section and if the person was a volunteer or employee of an entity that owed a duty of care to the plaintiff, or the person and the plaintiff were engaged in some activity over which such entity had control, damages against such entity shall be awarded under this Code section only if by a preponderance of the evidence there is a finding of negligence on the part of such entity. (3) If a civil action for recovery of damages suffered as a result of childhood sexual abuse is commenced pursuant to division (b)(2)(A)(ii) of this Code section and if the person was a volunteer or employee of an entity that owed a duty of care to the plaintiff, or the person and the plaintiff were engaged in some activity over which such entity had control, damages against such entity shall be awarded under this Code section only if by a preponderance of the evidence there is a finding that there was gross negligence on the part of such entity, that the entity knew or should have known of the alleged conduct giving rise to the civil action and such entity failed to take remedial action.

Legislative History

Amended by 2019 Ga. Laws 30,§ 2-1, eff. 7/1/2019. Amended by 2018 Ga. Laws 562,§ 9, eff. 5/8/2018. Amended by 2015 Ga. Laws 97,§ 2, eff. 7/1/2015. Amended by 2015 Ga. Laws 95,§ 2-2, eff. 7/1/2015.