Sexual Battery is a very serious offense in Georgia. Depending on the victim, penalties for a violation of the Georgia Sexual Battery statute may be severe and prosecuted aggressively. Knowing how to proceed effectively against a violation of the Georgia Sexual Battery statute is important. If you or someone you know is charged with a violation of the Georgia Sexual Battery statute, call Bixon Law at 404-551-5684. Michael Bixon is a dedicated and knowledgeable trial lawyer who will work to achieve the results you deserve.
In Georgia, the term “intimate parts” means the primary genital area, anus, groin, inner thighs, or buttocks of a male or female and the breasts of a female.
Non-consensual Contact with Intimate Areas:
It is Unlawful:
(A) To intentionally makes physical contact with the intimate parts of the body of another person without the consent of that person.
The potential penalties that a defendant faces depend on the age of the victim and any previous violations of the Georgia Sexual Battery Statute. Any violation of the statute carries with it the imposition of being charged with a misdemeanor of a high and aggravated nature. In Georgia, Punishment for most misdemeanors is up to 12 months in jail. Fines for most are capped at $1000, but can be as low as $300 for certain offenses. A misdemeanor of a high and aggravated nature can only carry a sentence up to 12 months in jail. Fines, however, can be as high as $5000. A person convicted of the offense of sexual battery against any child under the age of 16 years shall be guilty of a felony and shall be punished by imprisonment for one to five years. Upon a second or subsequent conviction, a person shall be guilty of a felony and shall be subject to imprisonment for one to five years and subject to other sentencing provisions including sexual offender registry.
Consent is an affirmative defense that may be raised to protect a defendant from prosecution under the statute. However, the affirmative defense of consent requires that the consent be intelligent, knowing and voluntarily made in order to be effective. If a person was too intoxicated to provide consent, this defense will not apply.
Another possible defense is that the person accusing the defendant is making false allegations. An attorney will examine the criminal investigation to determine if the defendant’s constitutional rights were denied during this process in a way that would justify the suppression of damaging evidence.
Thompson v. State, 537 S.E.2d. 807 (2000)
A victim’s testimony that, while she and the defendant were at a swimming party, he came up behind her and touched her on her buttocks as she climbed up the ladder to get out of the pool was sufficient to support the conviction for sexual battery.
Chester v. State, 763 S.E.2d. 272 (2014)
A victim’s testimony that defendant had offered the victim a ride to the store but instead had driven her in the wrong direction to a vacant house and touched victim, was enough to support conviction for sexual battery. The victim attempted to get out of the car as the defendant dragged her back by her hair, displayed a gun, and ordered her to unbutton her pants.