Back to top

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 § 17-5-71 / 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



  • Georgia Sexual Assault Statutes Governing the Following:
    • Rape and Sexual Assault Crime Definitions
    • Consent
    • Mandatory Reporting (Abuse of children, the elderly and/or disabled)
    • Criminal Statues of Limitation
    • Termination of sexual offender’s parental rights
    • Confidentiality Laws
    • HIV/AIDS testing of suspected or convicted sexual offenders
    • Lawfully Owed DNA