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Sexual Assault

Sexual Assault Offenses

What are Sexual Assault and Sexual Battery

Sexual assault and sexual battery are both forms of sexual violence that involve unwanted sexual contact or attention. The main difference between the two is that sexual assault is a broader term that includes any type of nonconsensual sexual contact or attention, while sexual battery is a specific type of sexual assault that involves the unlawful touching of another person's intimate body parts without their consent.

Sexual Assault

In Georgia, sexual assault is defined as any non-consensual sexual contact or activity. It includes a range of behaviors, such as unwanted touching, fondling, groping, and rape. Sexual assault is a crime in Georgia and is punishable by imprisonment and fines. It is important to note that consent must be freely given and cannot be obtained through the use of force, coercion, or threats. If you have been the victim of sexual assault, it is important to seek help and support as soon as possible.

O.C.G.A. § 16-6-5.1 (2017) - Sexual Assault

Georgia Code O.C.G.A. § 16-6-22.1 (2010) specifically addresses Sexual assault by persons with supervisory or disciplinary authority; sexual assault by practitioner of psychotherapy against patient; consent not a defense; penalty upon conviction for sexual assault. The following is the actual law § 16-6-5.1 as it is written.

  • (a) As used in this Code section, the term:
      (1) "Actor" means a person accused of sexual assault. (2) "Intimate parts" means the genital area, groin, inner thighs, buttocks, or breasts of a person. (3) "Psychotherapy" means the professional treatment or counseling of a mental or emotional illness, symptom, or condition. (4) "Sexual contact" means any contact between the actor and a person not married to the actor involving the intimate parts of either person for the purpose of sexual gratification of the actor. (5) "School" means any educational program or institution instructing children at any level, pre-kindergarten through twelfth grade, or the equivalent thereof if grade divisions are not used.
  • (b) A person who has supervisory or disciplinary authority over another individual commits sexual assault when that person:
    • (1) Is a teacher, principal, assistant principal, or other administrator of any school and engages in sexual contact with such other individual who the actor knew or should have known is enrolled at the same school; provided, however, that such contact shall not be prohibited when the actor is married to such other individual;
    • (2) Is an employee or agent of any community supervision office, county juvenile probation office, Department of Juvenile Justice juvenile probation office, or probation office under Article 6 of Chapter 8 of Title 42 and engages in sexual contact with such other individual who the actor knew or should have known is a probationer or parolee under the supervision of any such office;
    • (3) Is an employee or agent of a law enforcement agency and engages in sexual contact with such other individual who the actor knew or should have known is being detained by or is in the custody of any law enforcement agency;
    • (4) Is an employee or agent of a hospital and engages in sexual contact with such other individual who the actor knew or should have known is a patient or is being detained in the same hospital; or
    • (5) Is an employee or agent of a correctional facility, juvenile detention facility, facility providing services to a person with a disability, as such term is defined in Code Section 37-1-1, or a facility providing child welfare and youth services, as such term is defined in Code Section 49-5-3, who engages in sexual contact with such other individual who the actor knew or should have known is in the custody of such facility.
  • (c) A person who is an actual or purported practitioner of psychotherapy commits sexual assault when he or she engages in sexual contact with another individual who the actor knew or should have known is the subject of the actor's actual or purported treatment or counseling or the actor uses the treatment or counseling relationship to facilitate sexual contact between the actor and such individual.
  • (d) A person who is an employee, agent, or volunteer at any facility licensed or required to be licensed under Code Section 31-7-3, 31-7-12, or 31-7-12.2 or who is required to be licensed pursuant to Code Section 31-7-151 or 31-7-173 commits sexual assault when he or she engages in sexual contact with another individual who the actor knew or should have known had been admitted to or is receiving services from such facility or the actor.
  • (e) Consent of the victim shall not be a defense to a prosecution under this Code section.
  • (f) A person convicted of sexual assault shall be punished by imprisonment for not less than one nor more than 25 years or by a fine not to exceed $100,000.00, or both; provided, however, that:
  • (1) Except as provided in paragraph (2) of this subsection, any person convicted of the offense of sexual assault of a child under the age of 16 years shall be punished by imprisonment for not less than 25 nor more than 50 years and shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2; and
  • (2) If at the time of the offense the victim of the offense is at least 14 years of age but less than 16 years of age and the actor is 18 years of age or younger and is no more than four years older than the victim, such person shall be guilty of a misdemeanor and shall not be subject to the sentencing and punishment provisions of Code Section 17-10-6.2.

Sexual Battery

In Georgia, sexual battery is defined as the act of touching the intimate parts of another person's body, including the genitalia, buttocks, or breasts, for the purpose of sexual gratification or arousal without the person's consent. Sexual battery is a crime in Georgia and is punishable by imprisonment and fines. It is important to note that consent must be freely given and cannot be obtained through the use of force, coercion, or threats.

Both sexual assault and sexual battery are serious crimes that can have severe emotional and psychological consequences for the victim. If you have experienced sexual violence, it is important to seek help and support from trusted friends, family, or professionals.

O.C.G.A. § 16-6-22.1 (2010) - Sexual Battery

Georgia Code O.C.G.A. § 16-6-22.1 (2010) specifically addresses sexual battery. The following is the actual law § 16-6-22.1 as it is written.

  • (a) For the purposes of this Code section, 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.
  • (b) A person commits the offense of sexual battery when he or she intentionally makes physical contact with the intimate parts of the body of another person without the consent of that person.
  • (c) Except as otherwise provided in this Code section, a person convicted of the offense of sexual battery shall be punished as for a misdemeanor of a high and aggravated nature.
  • (d) 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, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years.
  • (e) Upon a second or subsequent conviction under subsection (b) of this Code section, a person shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than one nor more than five years and, in addition, shall be subject to the sentencing and punishment provisions of Code Section 17-10-6.2.

O.C.G.A. § 16-6-22.2 (2020) - Aggravated Sexual Battery

Georgia Code O.C.G.A. § 16-6-22.2 (2020) specifically addresses aggravated sexual battery. The following is the actual law § 16-6-22.2 as it is written.

  • a. For the purposes of this Code section, the term "foreign object" means any article or instrument other than the sexual organ of a person.
  • b. A person commits the offense of aggravated sexual battery when he or she intentionally penetrates with a foreign object the sexual organ or anus of another person without the consent of that person.
  • c. A person convicted of the offense of aggravated sexual battery shall be punished by imprisonment for life or by a split sentence that is a term of imprisonment for not less than 25 years and not exceeding life imprisonment, followed by probation for life, and shall be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7.

If you are being investigated for, or facing sexual assault or sexual battery charges in Georgia we recommend calling our law office as soon as possible. We understand the urgency of the matterand your need to hire a criminal defense lawyer. To get control of your situation CALL 404-351-3000 for a CONFIDENTIAL APPOINTMENT with a defense attorney in Cobb County GA.

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