BEST GROUPS AND SERVICES FOR CIVIL SEXUAL ASSAULT SURVIVORS

Assault Survivors

Groups and Services For Civil Sexual Assault Survivors

Survivors of sexual assault in Georgia face daily challenges in confronting the trauma they have endured. According to the anti-sexual violence organization RAINN, survivors frequently struggle with depression, substance abuse, self-harming thoughts and behaviors, eating disorders, sleep disruptions, and health complications, as a result of their assault.

 

Help for these and other challenges associated with surviving sexual assault  is available in Georgia. Below we have compiled a list of resources for survivors of sexual assault in Georgia. If you have questions about your legal rights as a survivor of sexual assault, contact an experienced attorney today.

 

RAINN and The National Sexual Assault Telephone Hotline: 800.656.HOPE (4673)

RAINN, a national anti-sexual violence organization, operates a 24/7/365 confidential hotline as a resource for those affected by sexual assault. The hotline automatically connects callers with a trained professional in their local area who can offer confidential support, direct the caller to a local health facility trained in caring for survivors of sexual assault, help the caller talk through what happened and answer basic questions about medical considers, and provide referrals for long-term support in the caller’s area. RAINN counsels survivors of sexual assault that connecting with a trained professional who can provide guidance and answer questions is perhaps the most helpful action a survivor can take when confronting the trauma of an assault.

 

Not only does RAINN operate a hotline, it also hosts a website (linked above) that provides invaluable information for sexual assault survivors, from contact information for advocates to tips on navigating day-to-day life after a sexual assault. As a supplement to speaking with a trained professional via the hotline or at one of the resources below, survivors can find important information on RAINN’s website to help them navigate the issues and challenges they face.

 

Local Rape Crisis Centers

A rape crisis center is an organization that provides essential services to survivors of sexual assault. Many of the services a rape crisis center provides address the needs of survivors in the immediate aftermath of sexual violence. These services may include providing a hotline to report sexual assault or to seek help; accompanying survivors to forensic examinations and advocating for them in that process; connecting survivors with resources; and providing mental health counseling specific to survivors. Click here to see a list of rape crisis centers throughout Georgia, with contact information, compiled by the Georgia Network to End Sexual Assault.  Here is a similar list compiled by the Georgia Criminal Justice Coordinating Council.

 

Sexual Assault Survivor Support Groups

Sexual assault survivors may find support, understanding, and strength in meeting with others like them who have also survived sexual violence. Many of the rape crisis centers above facilitate support groups, which are usually presided-over by a trained professional. Psychotherapists, health care providers, and churches also frequently organize and manage such groups. To find a support group near you, contact a local rape crisis center or ask your doctor.

 

Campus Health Sexual Assault Crisis Centers

College students in Georgia represent a population particularly vulnerable to sexual assault. Many Georgia colleges and universities operate their own on-campus rape crisis centers focusing on sexual assault prevention, support, and advocacy for members of the campus community. These rape crisis centers typically operate as an extension of on-campus student health services.

 

Individual Therapy & Counseling

One-on-one therapy with a mental health professional trained in supporting sexual assault survivors can help those survivors process and deal with the day-to-day and longer-term challenges they face. Therapists provide a safe, caring environment for survivors. This article from RAINN provides useful information and links to directors for locating a therapist who has the experience, training, and therapeutic approach to suit a particular survivor’s needs.

 

Civil Sexual Assault Attorneys

Many survivors of sexual assault have rights to seek compensation for the injuries inflicted on them by sexual violence. An attorney experienced in representing sexual assault survivors can evaluate their rights to compensation and develop a legal strategy for them to pursue justice and accountability through the Georgia legal system. Survivors may have the ability to seek compensation for sexual assault-related injuries and harm from:

 

  • Perpetrators of sexual assault;
  • Individuals or organizations that facilitated, enabled, or fostered conditions that promoted sexual assault;
  • The Georgia Crime Victims Compensation Program, which provides up to $25,000 in benefits to sexual assault survivors in certain circumstances; and
  • If applicable, workers’ compensation insurance.

Georgia law permits survivors of sexual assault to seek compensation both for assault that occurred in childhood and adulthood. Survivors of childhood sexual assault have until the later of their 23rd birthday, or two years from the date when the survivor knew or had reason to know of such abuse and that such abuse resulted in injury to the survivor as established by competent medical or psychological evidence. Speaking with an experienced attorney is the best way for survivors to determine their eligibility for compensation and the best way to pursue it to suit their needs.

 

Civil sexual assault attorneys can also help survivors navigate the at-times complicated and overwhelming process of participating in a criminal prosecution of a perpetrator of sexual assault. Not all survivors choose to participate in prosecutions, however. Also, sometimes a district attorney will determine that a prosecution is not feasible for one reason or another. It is important for sexual assault survivors to understand that they may have rights to seek compensation through the civil legal process even if a prosecutor has declined to pursue criminal charges against a perpetrator. 

 

Sexual assault survivors face trauma unimaginable to those who have not experienced it. They need not face that trauma alone, however. The resources above can help survivors confront the physical, emotional, and practical challenges of life after sexual violence. If you have suffered harm in a sexual assault, and have questions about your legal rights to seek compensation from a perpetrator or enabler of the assault, an experienced Georgia civil sexual assault lawyer can help you understand your options.

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Five Tips for Motorcyclists to Stay Safe on I-575/I-75

Motorcycle Accident Attorney

Five Tips for Motorcyclists to Stay Safe on I-575/I-75

motorcycle accidents on 575 Near Cherokee County ga

While motorcycles can be fun and exhilarating, they are also dangerous. When a motorcycle is involved in an accident, a fatality is six times more likely than in a car crash. In fact, Georgia has been noted as one of the states with the highest number of motorcyclists killed in accidents.

The I-575 and I-75 highways are major thoroughfares in Georgia, including through Cherokee County. Unfortunately, they are also common scenes for motorcycle accidents. Read on for some important tips on staying safe on your motorcycle on these highways.

1. Wear Proper Protection

Motorcycle riders are much more susceptible to injury without the protection of the sturdy frame, seatbelts, and airbags that protect drivers of passenger vehicles. Given this, motorcyclists need to be sure to wear proper protection to have the best chances of surviving a crash. Georgia law requires that any person operating a motorcycle wear a helmet. Eye protection is also required if the motorcycle doesn’t have a windshield or windscreen.

In addition to this required protective wear, make sure your arms and legs are covered, preferably with clothing made of leather or heavy denim. You should also make sure to wear boots or shoes that cover your ankles. Consider clothing in bright colors or with reflective material to help make you visible to other drivers. Increasing your visibility will help reduce the risk associated with the smaller footprint of the motorcycle.

2. Avoid Drugs and Alcohol

This tip might seem to go without saying, but it is worth a reminder. Consuming alcohol in an amount that exceeds the legal limit or taking illegal drugs are obvious issues for any person operating a motor vehicle. If you plan on taking your motorcycle out, you should consider avoiding any alcohol consumption and also pay attention to potential side effects associated with prescription medication. To safely ride a motorcycle, the driver needs to have full grasp on all their faculties in order to appropriately balance, control the throttle, and shift gears. They must also be alert and able to react quickly. Any consumption of alcohol or certain medications will reduce your ability to focus on the road and stay safe.

3. Prioritize Education

Even if you wear protection and avoid alcohol and drugs before a ride, you are still at a high risk for a crash if you haven’t secured the necessary education and licensing for riding a motorcycle. Approximately 1/3 of motorcyclists who are killed in crashes are not licensed, or are improperly licensed.

In Georgia, motorcycle drivers are required to secure a Class M license or instructional permit to operate a motorcycle. The state provides two paths for securing the appropriate licensing. First, you can take a Motorcycle Safety Program Course that provides professional training on handling a motorcycle and a 90-day License Test Waiver for successful completion of the course. The second option is to apply and pass a knowledge test and a skills test on the motorcycle.

While Georgia requirements have a skills component, more comprehensive training is always a good option. Many motorcyclists have not received any formal training for riding a motorcycle. It is much more common for motorcyclists to have learned to ride their bike from friends or family. Formal training arms a motorcycle driver with defensive driving techniques and the skills needed to stay safe on the road.

In addition to focused motorcycle training, make sure you are familiar with the local traffic laws.

4. Make Maintenance a Priority

While a focused and skilled driver is an important component to a safe motorcycle ride, the motorcycle must also be well maintained. You should pay special attention to the tires, brakes, and drive chain. A poorly maintained drive chain can create inconsistencies for the back wheel of the bike. Incorrect tire pressure can cause blowouts or an unpredictable grip. Malfunctioning brakes can mean the difference between life and death.

Make sure you prioritize regular maintenance for your motorcycle, and also give it a thorough once-over before you hit the road. Before any ride, consider checking:

  • That all lights and horns are working;
  • Fluid levels;
  • Tire pressure and tread depth;
  • Chain adjustment and lubrication;
  • Adjustment and operation of the clutch, brake levers, mirrors, gear shift, and switches; and
  • That all racks and storage solutions are secured and not rubbing on any functioning parts of the motorcycle.

5. Monitor the Road Conditions

Road conditions can have a significant impact on motorcycle drivers, including the quality of the road and inclement weather. Make sure you are familiar with the maintenance and quality of the areas of I-575 and I-75 you will be traversing. Advanced knowledge of any rough road patches or construction can help keep you safe.

Inclement weather makes the road more dangerous for all drivers, but especially for motorcyclists. Motorcycles are particularly susceptible to changes in road conditions, including slippery roads from rain or snow. Bad weather can reduce visibility and also affects the ability of motorcycle tires to grip the road. Rain and snow aren’t the only dangerous road conditions. Wind can easily push the motorcycle, so the driver must be able to anticipate the push and adjust their driving accordingly. If you are unsure of your ability to handle non-ideal weather conditions, consider staying off the road.

Contact an Attorney For Assistance

Even with all the tips above, you may find yourself involved in a motorcycle accident. If you have been injured in a motorcycle accident, you may have suffered from a variety of injuries, ranging from cuts and bruises to traumatic brain injury. Even if your motorcycle didn’t come into contact with another motor vehicle, you still may be able to seek recovery for your damages. A Woodstock GA Accident Attorney can help you understand what evidence may be required in order to pursue recovery for your damages.

Among the variety of stressors resulting from the accident and injuries, you are likely concerned about the financial impact of the accident. Your attorney can work with you to understand the details of your case, and to help create a strategy for success.

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Covid-19 in Georgia

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How Our Office is Handling Covid-19

Dear Clients and Potential Clients,

On behalf of Koester Legal, I am writing to inform our community that the Supreme Court of Georgia has issued an Order Declaring a Statewide Judicial Emergency. Essentially, this Order cancels all regularly scheduled court appearances through April 13, 2020. Our Firm is closely monitoring and responding to the evolving coronavirus (COVID-19) situation as well.

Without a doubt, the well-being and safety of our clients and employees is our top priority. Koester Legal is fully equipped to serve our current clients and any potential new client during this difficult time. The vast majority of our daily workflow is cloud based which allows our employees to work remotely if needed.

What Koester Legal is doing:

• Our Woodstock Personal Injury office will remain open to see current clients and potential new clients BY APPOINTMENT ONLY.

• We are happy to conduct new client intake meetings, free consultations, and client update meetings via telephone or video conference.

• All documents that requiring signatures can be easily signed electronically via are alliance with vinesign.com.

• Under certain circumstances we can make arrangements to meet you in your home.

• We will continue to closely monitor guidance from the World Health Organization (WHO) and Centers for Disease Control and Prevention (CDC).

• Every effort is being made to contact current clients that may have a court date or deposition scheduled within the next 30 days. If think you have an upcoming court date, contact us right away at 770-744-5250 or [email protected] for further instructions.

We sincerely hope that you, your family, friends, and loved ones are safe and healthy during this time.

I firmly believe that through this adversity our community will grow stronger. Remember to always be kind, clean, and courteous in all that you do.

All the best,

Kyle E. Koester, Esq.

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Georgia Supreme Court Drastically Changes DUI Law

Georgia Supreme Court

Georgia Supreme Court Drastically Changes DUI Law

Georgia Supreme Court

I have a lot of mixed feelings about the Georgia Supreme Court’s opinion in Elliott vs. State. Make no mistake, there is a lot to digest in this 90+ page opinion. But one this is certain, major changes to our understanding of Georgia DUI law is here.

This ruling provides protection to individuals charged with Driving Under the Influence. The Court held that the State of Georgia can no longer use a person’s refusal to take the state administered breath test against them at trial for a DUI. This ruling is based on the Court’s interpretation of the Georgia Constitution that provides more protection against self-incrimination than the Federal Constitution. However, the opinion makes clear that the ruling does not apply to civil proceedings where a DUI driver is sued for hurting someone or causing a crash.

I’ve vigorously defended good people charged with DUI. As a personal injury lawyer, I’ve helped families through the horrific aftermath that a drunk or impaired driver can cause to a person and their family.

Still, the best advice a lawyer can give you if you are concerned about alcohol and driving has not changed. Call a cab. Use Uber or Lyft. Find a sober driver. Do it for yourself. Do it for your community.

Click here to Read the GA Supreme Court’s full opinion.

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Georgia’s New Hands-Free Law

Georgia Hands Free Law

Georgia's New Hands Free Law

Georgia Hands Free Law

If you live in Georgia, chances are that you’ve heard of the new “hands-free” law about to go into effect. According to the National Highway Traffic Safety Administration, distracted driving was the cause of nearly 400,000 injury accidents in 2015. In 2016, its estimated that distracted driving was the cause of 3,450 fatal accidents. Nearly all auto accidents in Georgia are the result of one or more drivers not paying attention. The purpose of this new law is to reduce the number of crashes, injuries, and fatalities on Georgia roads. There’s been lots of misinformation floating around the internet and social media regarding this law. In order to make sure that you stay on the right side of the law, we’ve broken the new hands-free law down for you.

Let’s start with the basics:

The law means that you are not allowed to operate your vehicle while operating a cell phone, holding a cell phone with your hand, or supporting your cell phone with any other part of your body. Its also important to note that law enforcement can initiate a traffic stop and write a ticket for violating this law alone. In other words, they do not need to observe any other violation to enforce this law.

What does the law include?

Georgia’s hands-free law includes cell phones, portable telephones or text messaging devices, personal digital assistants, stand alone computers or laptops, GPS receivers, any similar portable wireless device used to send and receive data. The law does NOT include the radio, CB radios, commercial two-way radios, subscription based emergency communication devices, medical devices with a prescription, amateur radio devices, in-car navigation systems.

What are the rules?

A driver may NOT hold or support a wireless telecommunications device with any part of his or her body. The exceptions include earpieces, headphones, and smart watches.

Drivers may not read, send, or receive text messages with the exception of voice-based communications that are converted to written text messages.

GPS may only be accessed by a driver while lawfully parked The screen may be viewed, but the device can not be held or supported by any part of the driver’s body.

Drivers may not watch videos.

Drivers may not record videos unless using a standalone dash camera.

Commercial drivers may not use more than one button to initiate a voice conversation.

Commercial drivers may not reach for a wireless communication device if it causes them to no longer be seated properly in the driver seat or properly restrained by their seat belt.

What are the exceptions?

There are some exceptions for all drivers.

These exceptions include reporting a traffic accident, medical emergency, fire, crime, or hazardous road condition.

Employees or contractors of a utility service provider acting within the scope of their employment while responding to a utility emergency.

First responders during the course of their job duties.

If you’ve been injured by a distracted driver or for more information about Georgia’s new hands free law, call the Law Offices of Kyle E. Koester, LLC at 770-744-5250.

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