Georgia Sex Abuse Lawsuit Settlements

This page will look at civil sex abuse lawsuits in Georgia. We will discuss the steps involved in filing a sex abuse lawsuit in Georgia. We will also discuss average settlement amounts and jury payouts in Georgia sex abuse cases and look at recent verdicts and settlements.

Recent Georgia Sex Abuse Lawsuit News

December 3, 2024: Sex Trafficking Insurance

In a sex trafficking lawsuit, you need either a large hotel chain or a hotel with insurance. In Northfield Insurance Co. v. Northbrook Industries, Inc., the Northern District of Georgia considered whether an insurer must defend a hotel, United Inn, accused of permitting a minor to be trafficked for sex on its premises. United Inn has two small hotels in Decatur and Macon. The chances of them having the resources to pay a sex trafficking settlement, or judgment are pretty low.

In this case, the underlying lawsuit alleged that the claimant, while underage, was trafficked, forcibly held by armed individuals, and suffered severe physical and emotional harm. The hotel’s liability policy excluded coverage for injuries arising from (1) abuse or molestation and (2) assault or battery, while also setting low limits for unintentional assault or battery. So the case is about insurance coverage. The insurer sought a declaratory judgment to avoid its duty to defend, arguing that the claimant’s injuries fell entirely within these exclusions.

The court ruled in favor of the hotel, finding that the insurer has a duty to defend the hotel against all allegations in the underlying lawsuit. The decision focused on the broad standard for the duty to defend, which applies if any of the allegations in the complaint fall within coverage. The court determined that while some of the claimant’s injuries were tied to excluded acts, such as abuse or molestation, others were not. For example, the claimant alleged injuries from false imprisonment by armed individuals, which the court found could exist independently of abuse, molestation, or assault.

Does that mean there is full coverage in this case? We do not know. The ruling clarified that these allegations, even if intertwined with the broader trafficking claims, were sufficient to trigger the insurer’s duty to defend. But the court stopped short of deciding whether the insurer must indemnify the hotel, leaving that determination to a later stage based on the proven facts of the case. This put the plaintiff in a little bit of a tough spot, trying to determine if the defendant can pay a verdict if it gets one.

November 18, 2024: Another Uber Sex Abuse Lawsuit

There are a lot of these Uber cases getting filed on behalf of Georgia women. In a new case filed last week, a Macon woman alleges she was sexually assaulted by a driver during an Uber ride in Bibb County on December 21, 2023.

The lawsuit seeks damages for economic and non-economic losses, including pain and suffering, as well as punitive damages to deter future misconduct.

November 11, 2024: Lyft Sexual Assault Lawsuit

Our lawyers are seeing more and more rideshare sex abuse claims. In a new Lyft sexual assault lawsuit filed in federal court, a Georgia woman says she was sexually assaulted by a Lyft driver during a ride in Fairburn, Georgia in November 2022.

The plaintiff alleges that after requesting a Lyft ride, she was picked up by a driver During the ride, she claims the driver unexpectedly stopped the vehicle and began inappropriately touching her, including groping her breast and vaginal area, without her consent. When she demanded that he stop, the driver allegedly responded aggressively and insulted her. She states that she escaped the car and ran home as soon as she was able.

According to the lawsuit, the plaintiff has since experienced lasting psychological trauma, including anxiety and a pervasive sense of insecurity. The complaint further asserts that Lyft has been aware of prior sexual misconduct incidents involving its drivers for years, yet has not implemented effective safeguards to prevent such assaults or ensure rider safety. The plaintiff argues that Lyft’s actions and omissions, directly contributed to her experience, citing, just like the Uber lawsuits, inadequate background checks, lack of driver monitoring, and insufficient safety protocols for passengers, particularly those who are vulnerable or traveling alone.

October 20, 2024 – New Uber Sexual Assault Lawsuit

In a new Uber sexual assault lawsuit filed on Friday, an Atlanta, Georgia, is suing Uber Technologies, alleging that she was sexually assaulted by an Uber driver during a ride in Clayton County, Georgia, on January 16, 2023. The plaintiff’s suit claims Uber failed to protect her despite its responsibility to ensure passenger safety, highlighting the company’s negligence in driver hiring, supervision, and safety protocols.

The case was filed in California because that jurisdiction houses all of the Uber sex abuse lawsuit in federal court.

September 20, 2024: United Health Services, Acadia, and Devereux Residential Treatment Facilities

Several residential treatment facilities operated by Universal Health Services (UHS), Acadia Healthcare, and Devereux Advanced Behavioral Health in Georgia are under heightened scrutiny due to national allegations of abuse and neglect across their networks.

While specific allegations may not have emerged for each Georgia facility, these companies have been implicated in a broader Senate investigation revealing systemic misconduct at their centers nationwide. The investigation found widespread issues such as inadequate staffing, poor oversight, and the use of inappropriate restraints, leading to physical, sexual, and emotional harm to children in care.

Universal Health Services (UHS) has faced multiple federal investigations for incidents involving neglect and mistreatment across its residential treatment centers. This includes problems such as undertrained staff and the improper use of restraints, which has raised concerns about facilities like Peachford Hospital in Atlanta, though it has not faced specific recent allegations. Acadia Healthcare, which operates Ridgeview Institute in Smyrna, has similarly been cited for neglect and unsafe conditions at facilities within its national network.

Devereux Advanced Behavioral Health, which operates several facilities in Georgia, has been embroiled in sex abuse lawsuits across the country for failing to protect children from abuse. Its broader network has a documented history of creating unsafe environments for vulnerable populations, as highlighted in reports focusing on other states.

August 12, 2024 – Sex Assault Lawsuit Against DeKalb School District

A mother has filed a lawsuit against the DeKalb County School District, claiming that the district and three unnamed teachers failed to properly supervise her daughter, K.A., a nonverbal middle school student with autism, leading to her sexual assault by another student on February 28, 2024.

The lawsuit argues that the district neglected to adhere to K.A.’s Individualized Education Plan (IEP), which required constant supervision, and failed to train its staff adequately on handling sexual abuse and other misconduct. The complaint alleges violations of Title IX and Section 504 of the Rehabilitation Act, seeking damages for medical and psychological care, as well as for impaired educational opportunities.

The proof of the assault here will be easy – the crime was caught on camera. So the next step is proving DeKalb should have done more to prevent this awful thing.

August 6, 2024 – Child Pornography

A 36-year-old man from Woodstock, was recently re-arrested on charges of creating and possessing child sexual abuse material. This follows his initial November 2022 arrest, where he faced charges of aggravated sexual battery and child molestation. After an indictment that added charges of child cruelty, he was released on a $40,000 bond and placed under house arrest. However, new evidence discovered by detectives has led to additional charges, and he is now held without bond in the Cherokee County jail.

Lawsuits against individuals involved in criminal activities such as child pornography and abuse often face challenges in securing substantial financial compensation because these creeps typically lack significant financial resources to pay a sex abuse settlement or verdict. Without assets or sufficient insurance coverage, even if a victim wins a lawsuit, collecting damages is often impossible.

July 10, 2024 – Georgia Woman Alleges Sexual Assault Against Massage Therapist

A woman has sued Massage Envy Franchising, LLC, and Atticus Franchise Group ME, LLC. The lawsuit arises from an incident on March 31, 2022, when she visited a Massage Envy location in Peachtree City, Georgia, and was sexually assaulted by a massage therapist employed by the Defendants.

She alleges that during her massage, the therapist engaged in inappropriate and non-consensual physical contact, including digital penetration.

The specifics are pretty awful. During her medical exam after she reported the sexual assault, it was discovered that the man had digitally penetrated her so forcefully and so deeply that he shoved the tampon she was wearing all the way into her vaginal vault.

The complaint asserts that Massage Envy, the largest massage chain in the United States, has a widespread problem of sexual misconduct by its therapists, which the company has attempted to handle internally, avoiding law enforcement involvement. Her suit claims that this incident is part of a broader pattern of negligence and failure to protect clients from foreseeable risks.

This Massage Envy sexual assault lawsuit – and our lawyers are seeing more and more of these cases – pushes the narrative that the company negligently failed to provide a safe environment and adequately screen, hire, train, and supervise their employees. She asserts that Massage Envy’s policies prioritize corporate profits over customer safety, enabling a culture that tolerates sexual misconduct.

February 24, 2024 – Man Alleges Sexual Assault Against NBA All-Star Dwight Howard

In Georgia, a lawsuit against former NBA All-Star Dwight Howard, accusing him of sexual assault and battery, will proceed after a judge declined to dismiss it, as reported by ESPN.

The lawsuit, initiated by Stephen Harper in July 2023, alleges Howard sexually assaulted him in July 2021.

Howard’s defense claims the encounter was consensual, supported by sexually explicit messages they argue demonstrate Harper’s consent and initiative in the contact. Despite Howard’s motion to dismiss the case as “frivolous” and based on “unrequited love,” Harper’s legal team is pushing for a jury trial, asserting the case concerns assault, not unrequited feelings.

No criminal charges are filed against Howard, but the civil suit seeks judgment for assault, battery, false imprisonment, and emotional

October 24, 2023 – Woman Sues St. Francis Health for Rape

In D. L. v. St. Francis Health, LLC, 369 Ga. App. 314 (893 S.E.2d 444) (2023), the Court of Appeals of Georgia reversed a trial court’s decision that granted summary judgment to St. Francis Health. The plaintiff, D. L., alleged she was raped by three men while sedated and on a ventilator in St. Francis Hospital’s intensive care unit (ICU).

The trial court had initially ruled that the rape was not foreseeable as a matter of law, thereby dismissing the premises liability claim. However, the Court of Appeals found that, considering the totality of circumstances—including the vulnerability of ICU patients and five other complaints of sexual misconduct within the hospital in the years preceding D. L.’s alleged rape—a jury could conclude that St. Francis Health had reason to anticipate that a sexual assault might occur, making the incident foreseeable.

The decision underscores that foreseeability, especially regarding the potential for criminal acts like sexual assault against incapacitated patients, is a matter for the factfinder to determine based on a case-specific analysis of all relevant circumstances.

August 17, 2023 – Father Sues YMCA, Alleging Sexual Abuse Against Daughter

A father filed a sex abuse lawsuit in a Georgia federal court against the Young Men’s Christian Association of Georgia’s Piedmont Inc. (YMCA), claiming that his daughter was sexually abused by a coach affiliated with the organization, an incident that tragically led to her subsequent suicide.

March 15, 2023 – Georgia Prosecutors Council Releases Report on Clergy Abuse in Georgia

The Prosecuting Attorneys’ Council of Georgia released an investigation report regarding allegation of child sexual abuse within the Catholic Church in Georgia (comprised of the Archdiocese of Atlanta and the Diocese of Savannah). The report detailed acts of child sexual abuse by clergy dating back several decades.

However, the report concluded that none of the priests suspected of child molestation could be criminally prosecuted because they were either dead or the criminal statute of limitations had already expired. The report was based on independent third-party review of records, files, documents, and reports related to suspected child abuse cases in the possession of the church.

Definition of Sex Abuse in Georgia

Under Georgia law, any non-consensual sexual touching or contact made with the intent of sexual gratification is considered sexual abuse or sexual assault. In the context of a civil lawsuit, sexual abuse is referred to as the tort of sexual battery. It generally has the same definition and meaning as criminal offenses.

For sexual contact to meet the definition of sexual battery, two essential elements must be present: (1) sexual intent, and (2) lack of consent.

The sexual intent element is established by showing that the defendant engaged in sexual contact with the clear and express purposes of sexual gratification or arousal. An innocent or accidental sexual touching does not amount to sexual battery.

The second element is the absence of consent. Children do not have the legal capacity to give consent to any sexual touching. This means that any intentional sexual contact with a minor by an adult lacks consent and qualifies as sexual battery.

Filing a Civil Lawsuit for Sex Abuse in Georgia

Georgia law enables victims of sex abuse to bring civil lawsuits and seek financial compensation. A victim has a right to file a civil lawsuit at any time, and it is not contingent on whether the victim pressed criminal charges or whether the abuser was convicted. Even if the victim never reported the abuse to the police when it happened, they can still file a civil lawsuit.

Victims can bring civil lawsuits for sexual battery as long as they have the courage to testify under oath about the facts of the alleged sexual abuse or assault. The victim’s testimony can also be bolstered by additional evidence such as medical records or fact testimony from other witnesses.

If you file a sexual abuse lawsuit in Georgia, the civil case will be public record. However, victims who file sex abuse lawsuits can keep their names and identity confidential. Georgia’s court rules allow victims in these sensitive cases to use “Jane Doe” or initials in the court filings for privacy purposes. This means that people cannot go on the internet and easily find out the details of your case.

Holding Third-Parties Liable in Georgia Sex Abuse Lawsuits

Anyone who has been sexually abused or assaulted has the right to file a civil lawsuit and seek compensation. Victims can file civil lawsuits for sexual abuse even if they did not press criminal charges and even if they never told anyone about the abuse.

So who can sex abuse victims sue in a civil lawsuit? Victims of abuse can always file suit against the individual who abused or assaulted them. The problem with doing that, however, is that even if you win the lawsuit you probably won’t be able to get any money out of the abuser. In many cases, the abuser might already be dead or in jail.

The real goal in a sexual abuse civil lawsuit is going after a third party who can be held liable for the abuse. Third parties can be held liable in a civil sex abuse lawsuit if you can show that they were negligent and that this negligence allowed the abuse to happen.

For example, if you were abused by a teacher at your school, the school could potentially be liable for negligently failing to stop the abuse or investigate prior complaints against the teacher.

Common examples of third parties who can be liable in sexual abuse civil lawsuits include schools, churches, and organizations such as the Boy Scouts, etc.

Georgia Juvenile Detention Center Sex Abuse Lawsuits

The Georgia Department of Juvenile Justice (GDJJ) is the state agency in Georgia that is tasked with operating its juvenile detention centers for criminal offenders under the age of 18. GDJJ operates facilities across the state that fall into one of two categories: Regional Youth Detention Centers (RYDCs) and Youth Development Campuses (YDCs). The YDCs are short-term detention centers that house juveniles who are awaiting trial or sentencing. The YDCs are the longer-term “correctional” facilities for juveniles who have been sentenced to a period of detention.

Recent investigations by federal government agencies and non-profit organizations have revealed that inmates in Georgia’s juvenile detention facilities are frequently the victim of sexual assault and sexual abuse. In most cases, the juvenile detainees are sexually abused by the staff members at the facilities who are supposed to be protecting them. Reports released by the U.S. Department of Justice indicate that the problem of inmate sexual abuse is widespread and systemic in Georgia. The reports also show that certain facilities in Georgia rank as some of the worst in the country when it comes to victimization of juvenile inmates.

Juvenile inmates who were sexually abused or assaulted in Georgia juvenile facilities are now bringing juvenile detention sex abuse lawsuits against the state and the GDJJ. These lawsuits allege that GDJJ was negligent in failing to protect juvenile detainees from sexual abuse. Among other things, the lawsuits claim that GDJJ was negligent in failing to property screen staff members, failing to properly train and monitor staff after they were hired, and failing to adopt policies and procedures to adequately safeguard inmates and prevent sexual abuse.

Sexual abuse of juvenile detainees in rampant in all of Georgia’s juvenile detention facilities. However, the problem is much more acute at the Youth Development Campuses (YDCs), where juveniles are detained for much longer periods. There are currently 6 YDC facilities in operation in Georgia:

Atlanta YDC	College Park, GA
Augusta YDC	Augusta, GA
Eastman YDC	Eastman, GA
Macon YDC	Macon, GA
Milledgeville YDC	Milledgeville, GA
Muscogee YDC	Midland, GA

Georgia Sex Abuse Statute of Limitations

Many states have recently changed their laws to give child victims of sexual abuse more time to file civil lawsuits. Unfortunately, Georgia still has some of the stricter statute of limitations laws for sex abuse lawsuits.

When the sexual abuse victim is an adult, they only have 2 years from the date of the abuse to file a civil lawsuit. O.C.G.A § 9-3-33. If the victim was under the age of 18 when the sexual abuse occurred, the law is slightly different.

Victims of child sexual abuse are still subject to Georgia’s general 2-year statute of limitations, however, that 2-year period does not begin to run until the victim turns 18. So child sex abuse victims have until their 23^rd birthday to file a lawsuit.

Also, if the child sexual abuse occurred after 2015 (when Georgia revised its law) then victims can argue that their 2-year SOL period should be extended under the “discovery rule.” The discovery rule can be used to extend the SOL period if the victim can show that they had a delayed discovery of the abuse due to repressed memories. O.C.G.A. § 9-3-33.1

In Doe v. St. Joseph’s Catholic Church, the plaintiff filed a sex abuse lawsuit against Archbishop Wilton Gregory, the Archdiocese of Atlanta, and Saint Joseph’s Catholic Church, alleging childhood sexual abuse by a former teacher at Saint Joseph’s Church in the late 1970s, the Georgia Court of Appeals affirmed the trial court’s decision to dismiss Doe’s complaint as time-barred.

Doe, who served as an altar boy from ages 12 to 15, claimed that a priest sexually molested him around eight to ten times between 1976 and 1978.

Despite acknowledging the sexual abuse by Catholic clergy in a public statement and listing him as a “credibly accused” clergy member, the defendants successfully argued that Doe’s claims, including those under the Georgia Racketeer Influenced and Corrupt Organizations (RICO) Act and for maintaining a public nuisance, were barred by the statute of limitations.

The court found that Doe’s non-nuisance and RICO claims were time-barred and that the alleged conduct did not constitute a public nuisance under the law.

The court’s ruling highlights the challenges survivors of childhood sexual abuse in Georgia face when seeking legal redress years after the abuse occurred, especially when statutory limitations constrain their ability to file lawsuits.

Georgia Sex Abuse Settlements & Verdicts

Sex abuse settlement compensation amounts in Georgia are calculated based on several key factors, with the defendant’s ability to pay or their insurance coverage being a primary consideration. You need a defendant who has meaningful assets or insurance. Defendants with substantial assets or comprehensive insurance policies, such as large institutions, will settle for higher compensation amounts because there financial capacity to compensate the victim is there. If a defendant has limited financial resources or lacks insurance, getting money in that case is unlikely even if the abuse was severe.

Another critical factor is the severity of the harm suffered by the victim. Cases involving long-term or particularly brutal abuse will result in higher settlement amounts due to the obvious physical and emotional damage that comes with abuse. abuse. Other intangible impact of the abuse on the victim’s life is also heavily considered. This includes psychological conditions like PTSD, emotional distress, and the broader effect on the victim’s personal relationships, mental health, and career.

The age of the victim at the time of the abuse is another important consideration. Younger victims generally get higher compensation due to their increased vulnerability and the long-lasting trauma typically associated with childhood abuse. Additionally, the costs associated with medical care, therapy, and ongoing psychological treatment are factored into the settlement to cover the victim’s compensation.

Here are some example Georgia sex abuse settlement amounts and jury payouts and the stories behind these recoveries.

$550,000 Settlement: A 12-year-old female student suffered emotional distress after she was sexually molested by a substitute teacher at the defendant’s school. The plaintiff contended that the defendant failed to properly hire, train and supervise its employees, negligently hired a teacher with a criminal record of sexual assault and negligently attempted to conceal and alter information regarding the substitute teacher’s criminal history.
$3,500,000 Settlement: A 16-year-old was sexually assaulted by her 31-year-old supervisor in the workplace. Despite her resistance, he overpowered her. The company initially offered only $5,000 to settle the case, but the claim ultimately settled for $3,500,000.
$600,000 Settlement: 3 female students alleged that they were sexually abused a male teacher at their high school. The sued the school district claiming that it was negligent in their hiring and supervision of the teacher who abused them. Each of the 3 girls received $200,000 under the settlement.
$83,000 Verdict: A 4-year-old female was sexually molested by a 10-year-old male while at church. Her parents sued the church alleging that it failed to provide reasonable supervision to ensure the safety of the children entrusted to its care, that it failed to prevent the sexual abuse and, that it knew or should have known of the sexual tendencies of the boy who committed the abuse.
$345,000,000 Settlement: Twenty men sued claiming they were sexually abused as students at the Darlington School in Rome, requiring five insurance companies that provided coverage to the school to pay the settlement. The school settled and a Floyd County Superior Court jury ruled the insurance companies must pay the settlement for the abuse that took place between 1974 and 1994 invovling former teacher and dorm supervisor Roger Stifflemire.
$1,000,000,000 Verdict: The plaintiff, a 14-year-old female, alleged she was raped at an apartment complex by an on-duty security guard hired by the defendant security company. The plaintiff maintained she was visiting friends for a weekend sleepover at the apartment complex when the guard made contact with her and supplied her with alcohol. She said she proceeded to walk over to some benches inside the apartment complex, and while she was unconscious from her alcohol consumption, the guard had sexual intercourse with her. The plaintiff contended the defendant was negligent in its failure to hire the guard with a proper license, its failure to supervise him after hiring him, and its failure to make sure that he obtained a license after hiring him.
$570,000 Settlement: The plaintiff was a 16-year-old boy who alleged that he was sexually abuse by a male counselor at his school. He sued the school board from the counselor’s old school, claiming that it was negligent in not reporting to state authorities the counselor’s prior dismissal from that school district, which would have revoked his license, and which allowed him to seek employment elsewhere.
$500,000 Verdict: An eight-year-old female suffered psychological injury after she was raped and/or sexually molested while riding to a school for deaf children. The bus driver’s 30-year-old son, present on the bus at the time of the incident, was charged with the assault. The plaintiff contended that the defendants were negligent for allowing a man charged with rape to ride the bus and that the man was banned from the school campus due to previous sexual attempts with a number of school girls.

Contact Us About Georgia Sex Abuse Lawsuits

If you were the victim of sexual abuse and want to file a sex abuse lawsuit in Georgia, contact us today at 800-553-8082 or contact us online.