Georgia Prison Rape & Sexual Assault Lawyers
Filing an Injury Claim Following Prison Abuse & Assault
Though prisoners have the right to a reasonably safe environment and livable conditions, these rights are frequently violated. One of the most egregious transgressions is sexual assault.
Correctional facility employees in Georgia are required by law to report allegations of sexual assault, as well as rumors of sexual abuse, rape, and misconduct. Victims of prison rape and sexual assault are supposed to receive immediate medical attention, including a full mental health evaluation, and all allegations should be reported and investigated. Unfortunately, this does not always happen.
If you or someone you love was sexually assaulted or raped in prison, you could have grounds for legal action. This is true whether the perpetrator was a fellow inmate or a correctional officer, prison guard, warden, or some other staff member. We encourage you to reach out to our team at Fischer Redavid PLLC to learn more about your legal rights and options during a free, confidential consultation.
Call or contact us online today to speak to one of our Georgia prison rape and sexual assault attorneys at no cost. We can assist you in English, Spanish, or Creole.
What Constitutes Sexual Assault?
Sexual assault includes any unwanted or nonconsensual sexual activity. Consent should be explicit—it is never implied—and consent cannot be given in certain circumstances, such as when a person is underage, unconscious, intoxicated, or mentally incapacitated. Consent can also be revoked at any time, even if the person has given consent in the past or during a sexual act that the person previously consented to.
Some examples of sexual assault include:
- Rape
- Attempted rape
- Unwanted sexual touching, such as fondling or groping
- Forced sexual acts, such as forced penetration or oral sex
In jails, prisons, and other correctional facilities, fellow inmates can sexually assault convicted offenders, as can correctional officers and other facility staff members. Regardless of the circumstances, prison rape and sexual assault can have devastating consequences, ranging from bodily injury to extreme emotional distress and mental harm to financial loss related to medical treatment and more.
What to Do If You Are a Victim of Prison Rape or Sexual Assault
First and foremost, know that survivors of prison rape and sexual assault have rights. No one deserves to be sexually abused, and it is never the victim’s fault.
If you have been raped or otherwise sexually assaulted while incarcerated, there are several things you can do to protect yourself and your rights:
- Report the sexual assault or misconduct to a facility staff member
- File an official grievance or complaint with the facility
- Reach out to a personal injury lawyer with experience handling these claims
- File a lawsuit in state or federal court seeking restitution
If you reported sexual assault or misconduct, but you believe the staff member or facility failed to conduct an adequate investigation or take the necessary measures to prevent repeated incidents, you could be entitled to financial compensation. At Fischer Redavid PLLC, we seek to hold negligent correctional facilities accountable, and we fight for justice on behalf of those who have suffered devastating consequences as a result of correctional officer and facility misconduct.
Contact us today at for a free consultation and case review with our Georgia prison rape and sexual assault attorneys.
Your Rights Under the Prison Rape Elimination Act (PREA)
The Prison Rape Elimination Act (PREA) of 2003 seeks to eradicate sexual abuse, assault, and misconduct within the state’s jails, prisons, and correctional facilities. As such, it outlines certain rights granted to inmates, as well as specific responsibilities of facility staff.
Under the PREA, the Georgia Department of Corrections’ responsibilities include:
- Properly reporting rumors and/or allegations of sexual assault or misconduct through the appropriate channels
- Obtaining “immediate medical attention” and prompt mental health evaluations for alleged victims of sexual assault or misconduct
- Reporting all sexual assault or misconduct allegations to Internal Investigations, which will conduct a proper investigation into the incident
Employees must also receive adequate training regarding sexual contact with convicted offenders, as well as reporting requirements and how to properly detect incidences of sexual assault or misconduct that go unreported. They are required to not only report rumors or allegations of sexual contact but also to take reasonable measures to prevent repeat incidents.
PREA also outlines certain rights granted to convicted offenders, including the right to:
- Receive information on certain steps one can take to avoid becoming a target of sexual assault, abuse, or misconduct
- An Offender Handbook containing information on the prohibited nature of sexual contact, as well as information on disciplinary actions and criminal punishments for such contact
- Training and information on how to report sexual assault or misconduct, preserve evidence of sexual contact, and what to do if they become a victim of sexual assault or misconduct
- Access a toll-free number provided by the Georgia Department of Corrections for reporting sexual assault or misconduct without fear of retaliation or punishment
As an inmate, it is important that you remember that you still have rights. If you were sexually assaulted or raped, and you believe your rights were violated, contact Fischer Redavid PLLC right away.
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Schedule a Free & Confidential Consultation with Our Prison Sexual Assault Attorneys
If you or someone you love has suffered sexual assault while in a federal or state correctional facility in Georgia, reach out to the team at Fischer Redavid PLLC right away to learn more about your legal rights and options. Our attorneys are well-versed in the complex laws that apply to your case. We know how to build powerful, evidence-based claims to prove facility negligence and misconduct, and we are prepared to advocate tirelessly for you. Whenever necessary, we are always ready to take cases to trial.