Atlanta Rape & Date Rape Victim Attorney

Representing Victims of Rape in Atlanta

Rape is one of the most underreported crimes, and victims often fear having their identities known. But rape can also cause intense emotional anguish which might make returning to normal life very difficult.

At the Wetherington Law Firm, we understand the distress many rape victims are feeling. We are fortunate to have represented several victims in civil lawsuits against their attackers for money damages. In Georgia, rape is more than a crime—it is a civil wrong, and you deserve fair compensation. Contact our firm to discuss your case in a confidential setting with our Atlanta rape and date rape victim attorney.

Date Rape v. Rape

Legally, rape is the forcible penetration of a victim against their will. Georgia has a rape statute that defines rape as the penetration of the female sex organ by the male sex organ—essentially, vaginal rape with a penis. Aggravated sodomy involves forcible sex with someone’s anus or mouth.

Date rape is a type of rape. It involves two people who have gone on a date or are having a sexual relationship. A victim is date raped when they don’t consent to a specific sexual encounter. The fact that you consented once in the past does not mean you are consenting to future sexual acts.

What Are the Types of Rape

Under Georgia law, there are several types of rape:

• Diminished Capacity Rape: A person with diminished capacity cannot consent, so sexual penetration is rape. Diminished capacity can include mental defects, someone in a coma, or someone who passed out or was drunk.
• Age-Related Rape: Any sex with someone under 10 years of age is rape. If the victim is older than 10 but younger than 16, then it is statutory rape.
• Incest: It is illegal to have sexual intercourse or sodomy with a relative, such as an aunt, uncle, niece, nephew, parent, sibling, or grandparent.
• Partner Rape: Spouses need consent from their partner, otherwise it is rape.
• Acquaintance Rape: Where victim and rapist know each other, this is acquaintance rape.
• Aggravated Rape: Rape can be aggravated due to certain factors, such as the victim’s young age or the use of a deadly weapon during the commission of the attack.

If you have been raped, please contact our law firm. You can sue your rapist in civil court for compensation. We can bring a lawsuit based on battery or another tort.

What is Date Rape?

Date rape is a form of acquaintance rape. The victim knows the perpetrator, usually because they were on a date or are having a relationship. They may even live together, in which case rape is a type of domestic violence.

Some rapists use date rape drugs to subdue their victim, such as:

• GHB (gamma-hydroxybutyric acid)
• Rohypnol (roofies)
• Ketamine (special K)

Rapists often slip these drugs into drinks, and the victim doesn’t know what happened when they wake up with their clothes off. Someone who is unconscious cannot consent, so any penetration is rape.

Compensation for Rape Victims

Any sexual assault victim can seek compensation by filing a lawsuit. We can help. The purpose of this suit is to seek monetary compensation from the person who attacked you. For example, you can seek damages for:

• Medical care following the rape
• Lost income or wages
• Pain and suffering
• Emotional distress and mental trauma

The emotional pain and suffering are considerable. Many victims describe being unable to date again or struggling with depression. Some even wrongly blame themselves for being raped.

You might also sue a business or entity whose negligent security allowed the rape to happen. For example, your dorm or apartment might have lacked locks on the windows or doors. Or else a rapist snuck into your hotel, and staff didn’t call the police or even question the attacker who had been loitering in the hallways for hours. These type of negligent security claims are helpful because many rapists do not have money to pay any jury award or settlement, but businesses usually do.

How Our Atlanta Rape Victim Lawyers Can Gather Evidence of Sexual Assault

A civil case for battery requires evidence, much like criminal cases. Legally, we must prove that someone touched you without your consent and that you suffered damages as a result.

A crucial piece of evidence is the forensic exam, commonly called a “rape kit.” This kit involves collecting hairs, fibers, saliva, and DNA from your body after rape. The sooner you have the exam, the more evidence the technician can find. This evidence can support your witness testimony of what happened. And if you were unconscious, then physical evidence might be the only evidence you have that you were raped.

At the same time as the exam, you can also receive medical treatment for bruising, cuts, abrasions, head injuries, and sexually transmitted infections. You can also test to see if you are pregnant.

What Are Penalties if an Offender is Convicted?

Rape is a serious crime. Once upon a time, Georgia allowed juries to sentence a rapist to death. Today, the death penalty is reserved for those who commit murder only. Nonetheless, a rapists can face a minimum of 25 years in jail if convicted and a maximum of life in prison.

Rapists also will need to register as sex offenders. This means that the community will know of their presence if they get out of prison.

Sexual Assault and Rape Victim Resources

Many rape victims report feeling alone. Helpfully, there are resources to help you during this very difficult time.

If you have questions, you should call the National Sexual Assault Hotline at 800-656-4673 or chat at online.rainn.org to receive accurate, confidential advice. You can ask for information about:

• Where to get a forensic exam
• The location of therapy and treatment facilities
• Nearby recovery facilities

You can also visit the National Sexual Violence Resource Center’s directory for information about coalitions against sexual assault in Georgia, including help with someone accompanying you to a medical exam or interview with law enforcement.

Seek Justice by Contacting Our Atlanta Rape & Date Rape Victim Lawyer

Wetherington Law Firm, is committed to helping rape victims across our state. Contact us by calling (404) 888-4444 to schedule a confidential meeting with our firm.