Does the criminal-case tolling rule apply only to the crime victim in Georgia?

· 3 min read

Georgia’s criminal-case tolling statute is written for the victim of the alleged crime, but its reach is not limited to claims against the criminal defendant alone. The statute keys the tolling to the victim’s tort claims that arise from the crime, which can include claims aimed at parties other than the accused.

Who and what the statute covers

O.C.G.A. § 9-3-99 tolls the limitation period for a cause of action in tort that may be brought by the victim of an alleged crime, where that claim arises out of the facts and circumstances relating to the commission of the crime committed in Georgia. The tolling runs from the commission of the crime until the prosecution is final or otherwise terminated, and the statute caps the added time at six years.

The statute centers on the victim’s claims. The plain language reaches any tort action the victim may bring that arises from the crime, rather than only a claim against the person being prosecuted. Georgia courts read it that way: in Harrison v. McAfee, 338 Ga. App. 393 (2016), the Court of Appeals held the tolling applies to a victim’s tort claims arising from the crime even when the defendant did not commit it, overruling earlier decisions that had limited the rule to claims against the accused. That distinction matters in injury cases where more than one party may be responsible. If, for example, an at-fault driver is prosecuted, the victim’s related tort claims connected to the same events may benefit from the tolling, and that benefit is not necessarily confined to the claim against the prosecuted driver.

Boundaries to keep in mind

The breadth of the rule still has edges:

  • The person invoking the tolling must be the victim of the alleged crime, and the claim must arise from the crime’s facts and circumstances.
  • The connection between the civil claim and the criminal conduct is what brings a particular claim within the statute.
  • The same six-year ceiling on tolled time applies regardless of which defendant a covered claim targets.
  • Claims that do not arise out of the crime, or are not the victim’s, fall outside the statute’s protection.

Because eligibility turns on the victim’s status and the claim’s link to the crime, the proper question is not simply who the defendant is, but whether the specific claim fits the statutory description.

The bottom line

The tolling under O.C.G.A. § 9-3-99 is tied to the crime victim and to claims arising from the crime, and it is not strictly limited to the claim against the prosecuted person. What controls is whether the victim’s particular tort claim arises out of the facts and circumstances of the crime, with the six-year limit on tolled time applying throughout.

This article is for general educational and informational purposes only and is not legal advice. It does not create an attorney-client relationship, and Georgia law may change. For advice about a specific situation, consult a licensed Georgia personal injury attorney.

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