Georgia’s Legislative Policies

Laws Pertaining to Sexual Assault

O.C.G.A. §35-1-2 Examination of Sexual Assault Victims; Reports
- Result of the Compassionate Care for Victims of Sexual Assault Act
- Requires law enforcement take possession of sexual assault kits (SAKs) within 96 hours, and to submit kits to the Georgia Bureau of Investigation (GBI) within 30 days.
- Directed law enforcement to take possession of any forensic medical exams performed prior to July 1, 2016 and submit them to GBI by August 31, 2016.
- Mandates GBI’s Forensic Science Division issue an annual report of SAKs awaiting testing to the Governor’s Office and General Assembly beginning December 1, 2016.

O.C.G.A. §17-5-74 Unreported sexual assault kits; definitions; state-wide tracking system; requirements; implementation; reporting; jurisdiction; liability; regulatory authority
- Result of the Sexual Assault Reform Act of 2021
- Created a statewide sexual assault kit tracking system that provides survivors the ability to track the status of their kit, and mandates agencies that handle kits to register in and utilize the system.
- Requires sexual assault protocol committees to submit an annual certification to ensure statewide compliance
- Mandates law enforcement agencies to enter information on certain crimes into the FBI’s Violent Criminal Apprehension Program (ViCAP) database.

O.C.G.A. §19-7-5 / Reporting of child abuse; when mandated or authorized; content of report, to whom made; immunity from liability; report based upon privileged communication; penalty for failure to report
- Georgia's mandated reporting law regarding child abuse, including child sexual abuse and exploitation.

O.C.G.A § 17-5-71 / Preservation of Evidence
- Mandates law enforcement agencies retain physical evidence collected as a result of a reported sexual assault for
  - 30 years from the date of arrest
  - 7 years from completion of sentence
  - 50 years if no arrest
- Requires law enforcement agencies to retain physical evidence in non-report cases of sexual assault for a minimum of 12 months

O.C.G.A § 15-24-2 / Establishment of Sexual Assault Protocol and Committee; Representatives to Committee; Purpose; Annual Meeting, Revie w and Reporting
- Directs the chief superior court judge of each judicial circuit to establish a sexual assault protocol committee
- Requires each protocol committee to create a written sexual assault response protocol and provide a copy to each agency in the judicial circuit that handles cases of sexual assault.
- The protocol committee is to meet at least annually to evaluate and appropriately modify the protocol to ensure its effectiveness.
- Each circuit must submit an annual certification of compliance (in the form of their dated protocol including all statutorily required signatures)