Evidence of Similar Acts in Civil or Administrative Proceedings Concerning Sexual Assault or Child Molestation

  1. Law
  2. Georgia Code
  3. Evidence
  4. Relevant Evidence and Its Limits
  5. Evidence of Similar Acts in Civil or Administrative Proceedings Concerning Sexual Assault or Child Molestation

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  1. In a civil or administrative proceeding in which a claim for damages or other relief is predicated on a party's alleged commission of conduct constituting an offense of sexual assault or an offense of child molestation, evidence of that party's commission of another offense of sexual assault or another offense of child molestation shall be admissible and may be considered as provided in Code Sections 24-4-413 and 24-4-414.
  2. A party who intends to offer evidence under this Code section shall disclose the evidence to the party against whom it will be offered, including statements of witnesses or a summary of the substance of any testimony that is expected to be offered, at least ten days in advance of trial, unless the time is shortened or lengthened or pretrial notice is excused by the judge upon good cause shown.
  3. This Code section shall not be the exclusive means to admit or consider evidence described in this Code section.
  4. As used in this Code section, the term:
    1. "Offense of child molestation" means any conduct or attempt or conspiracy to engage in:
      1. Conduct that would be a violation of Code Section 16-6-4, 16-6-5, 16-12-100, 16-12-100.2, or 16-12-100.3;
      2. Any crime that involves contact between any part of the accused's body or an object and the genitals or anus of a child;
      3. Any crime that involves contact between the genitals or anus of the accused and any part of the body of a child; or
      4. Any crime that involves deriving sexual pleasure or gratification from the infliction of death, bodily injury, or physical pain on a child.
    2. "Offense of sexual assault" means any conduct or attempt or conspiracy to engage in:
      1. Conduct that would be a violation of Code Section 16-6-1, 16-6-2, 16-6-3, 16-6-5.1, 16-6-22, 16-6-22.1, or 16-6-22.2;
      2. Any crime that involves contact, without consent, between any part of the accused's body or an object and the genitals or anus of another person;
      3. Any crime that involves contact, without consent, between the genitals or anus of the accused and any part of another person's body; or
      4. Any crime that involves deriving sexual pleasure or gratification from the infliction of death, bodily injury, or physical pain on another person.

(Code 1981, §24-4-415, enacted by Ga. L. 2011, p. 99, § 2/HB 24.)

Cross references.

- Evidence of similar acts in civil cases concerning sexual assault or child molestation, Fed. R. Evid. 415.

Law reviews.

- For annual survey on evidence law, see 69 Mercer L. Rev. 101 (2017).

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former Code 1933, § 38-202, and former O.C.G.A. § 24-2-2 are included in the annotations for this Code section.

Evidence of similar acts in negligence cases.

- Allegation that the defendant in a personal injury suit was aware that other persons had slipped and fallen under substantially the same circumstances was not subject to special demurrer as immaterial and irrelevant matter. Belk-Matthews Co. of Macon v. Thompson, 94 Ga. App. 331, 94 S.E.2d 516 (1956) (decided under former Code 1933, § 38-202).

Evidence of prior consensual adulterous relationship not admitted.

- Evidence of a dentist's prior consensual adulterous relationship was properly excluded from the evidence as the evidence was irrelevant to a former employee's claim against the dentist for assault and battery and would only have served to impugn the general character of the dentist. Ferman v. Bailey, 292 Ga. App. 288, 664 S.E.2d 285 (2008) (decided under former O.C.G.A. § 24-2-2).


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