sexual assault lawyer DeKalb County, GA

Sexual Assault Lawyer DeKalb County, GA

Our DeKalb County, GA sexual assault lawyer at Deitch + Rogers LLC brings civil cases against the property owners, businesses, landlords, and institutions whose negligence allowed the assault to occur. We pursue the third parties who failed to provide adequate security, failed to screen their employees, or failed to maintain safe premises. Our firm has been doing this work for more than 40 years. We offer free consultations and handle every case on a contingency fee basis. You pay nothing unless we recover money for you.

Why Choose Deitch + Rogers for Sexual Assault Cases in DeKalb County, GA?

A Firm Rooted in DeKalb County and Georgia’s Civil Justice System

Founding Partner Andrew Rogers is a former member of the DeKalb Bar Association and graduated from Georgia State University College of Law in 1988. He earned his undergraduate degree in Zoology from the University of Georgia in 1984. Rogers is a charter member of the National Crime Victim Bar Association and has been selected for Super Lawyers recognition. He holds the record for the highest premises liability verdicts in Georgia for four separate years: 2013, 2014, 2018, and 2019.

Founding Partner Gilbert Deitch has practiced law since 1970. He is admitted to all Georgia state courts, the U.S. District Court for the Northern District of Georgia, and the courts of Tennessee. Deitch has been published in TRIAL Magazine and Crime Victims’ Litigation Quarterly and has appeared on NBC Nightly News and ABC’s 20/20 as a victims’ rights attorney. Both founders are members of the Georgia Trial Lawyers Association.

Partner Kara Phillips has been named a Super Lawyers Rising Star each year since 2016. She is a member of the American Association for Justice and was nominated for the National Trial Lawyers Top 40 Under 40 beginning in 2017. Phillips was part of the trial team behind a $50 million jury award against a nonprofit for institutional negligence that resulted in sexual assault. As a crime victim lawyer in DeKalb County, GA, our firm brings the same level of preparation and commitment to every case.

Over $207 Million Recovered for Crime Victims

Deitch + Rogers has recovered more than $207 million for crime victims across Georgia. Sexual assault cases specifically have produced some of the firm’s largest recoveries:

  • $60 million verdict in a sexual assault and institutional negligence case
  • $15 million settlement in an apartment sexual assault matter involving premises liability
  • $9.2 million verdict against a behavioral health facility for institutional negligence
  • $3.5 million in combined settlements for three victims of sexual assault on negligently secured premises
  • $2.5 million settlement for sexual assault resulting from apartment negligent security

Contingency Fee Representation

The firm advances every expense. Attorney fees and costs are paid from whatever amount we recover for you. If the case does not result in a recovery, you owe us nothing.

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“I have worked with the tenacious and brilliant attorneys at Deitch & Rogers on important matters involving vulnerable victims of sexual assault and know from experience that they handle each case with the utmost care and diligence. Their clients are extremely fortunate to have them in their corner fighting for them every step of the way.”

  • Meredith Kincaid

Read client testimonials on our Google Business Profile.

Types of Sexual Assault Cases We Handle in DeKalb County

Sexual assault happens in places where people have a right to feel safe. When property owners and businesses fail to prevent it, survivors can pursue civil claims for damages. Our DeKalb County sexual assault attorneys handle cases involving:

  • Apartment sexual assault. Rental property owners who fail to install adequate lighting, maintain working locks, or address known security threats create conditions that make tenants vulnerable to assault. We’ve recovered millions for victims of apartment sexual assault tied to landlord negligence.
  • Hotel and motel sexual assault. Guests assaulted at hotels and motels due to inadequate security measures, broken door locks, or failure to monitor surveillance systems may have claims against the property owner and management company.
  • Workplace sexual assault. Employers who fail to screen employees, ignore complaints, or create unsafe working conditions bear civil liability when an employee or visitor is sexually assaulted on the premises.
  • Rape victim cases. Rape cases involving premises liability are among the most devastating claims we handle. The civil case focuses on the property owner’s failures, not on prosecuting the assailant, and can proceed regardless of whether criminal charges were filed.
  • Rideshare and transportation assault. Passengers assaulted by rideshare drivers or on public transit may pursue civil claims when the platform or transit authority failed to conduct adequate background screening or respond to prior complaints.
  • Institutional and group home assault. Residents of group homes, treatment facilities, and residential programs are especially vulnerable. When staff members assault residents, or when institutional negligence allows outsiders to gain access, the facility itself can be held accountable.
  • Parking lot and garage assault. Property owners who fail to maintain adequate lighting, surveillance, or security patrols in parking structures create opportunities for assault. These claims fall squarely within Georgia’s premises liability framework.

Georgia Legal Requirements for Sexual Assault Cases

Georgia law classifies sexual battery under O.C.G.A. § 16-6-22.1 and defines rape under O.C.G.A. § 16-6-1. These are criminal statutes. But a civil case against a negligent property owner operates under different rules and a different standard of proof. In a criminal case, the state must prove guilt beyond a reasonable doubt. In a civil case, the victim must prove liability by a preponderance of the evidence, which is a significantly lower bar. The focus shifts from punishing the assailant to holding accountable the landlord, hotel operator, or business owner who created the conditions for the assault.

The civil statute of limitations for sexual assault claims in Georgia is two years from the date of the assault under O.C.G.A. § 9-3-33. For victims who were minors at the time of the assault, the statute is tolled under O.C.G.A. § 9-3-90 until the victim turns 18, at which point the two-year clock begins. Filing a civil lawsuit does not depend on a criminal conviction. It doesn’t even require an arrest. The civil and criminal cases are entirely separate proceedings.

Georgia’s Crime Victims’ Bill of Rights, codified at O.C.G.A. § 17-17-1, grants crime victims certain rights during the criminal process, including the right to be heard at sentencing and to receive notification of an offender’s release. But the criminal system offers no compensation for medical bills, lost income, or emotional suffering. That is what a civil case provides. The DOJ’s Office on Violence Against Women and the Georgia Criminal Justice Coordinating Council administer additional victim assistance and compensation programs, but civil litigation often represents the most direct path to meaningful financial recovery.

What Damages Are Recoverable in DeKalb County Sexual Assault Cases?

Survivors of sexual assault in DeKalb County, GA may recover three categories of damages through a civil case.

Economic damages include all documented financial losses. Medical expenses for emergency care, follow-up treatment, and forensic examinations. The cost of ongoing therapy, which for sexual assault survivors can continue for years. Lost wages from time missed at work during recovery. Future earning capacity if the trauma has affected the survivor’s ability to work. Medical evidence plays a critical role in establishing these damages, and our firm works with healthcare providers to build a thorough record of treatment and projected future costs.

Non-economic damages cover the harm that resists easy calculation. Pain and suffering. Emotional distress. Loss of enjoyment of life. Anxiety, depression, PTSD, and other psychological injuries that assault survivors commonly experience. Damage to intimate relationships. Georgia juries have wide discretion to award whatever amount they consider fair and reasonable for these injuries. In sexual assault cases with strong evidence of property owner negligence, these awards can be substantial.

Punitive damages are available under O.C.G.A. § 51-12-5.1 when the defendant’s conduct was willful, malicious, or demonstrated a conscious disregard for safety. A property owner who knew about a history of assaults on the premises and did nothing to improve security, for example, could face punitive damages. Protective orders and documented complaints about prior incidents on the property strengthen this argument considerably. Georgia law caps most punitive damage awards at $250,000, but exceptions apply in cases involving intentional conduct or specific statutory violations.

Contact Deitch + Rogers

Deitch + Rogers has spent more than four decades building civil cases against the property owners and institutions whose negligence allows violent crime to happen. We understand how difficult this process can be, and we approach every case with that understanding. Contact us to schedule a confidential consultation.