Georgia Sexual Battery Defense Lawyer
Sexual battery and aggravated sexual battery are serious crimes that can result in harsh legal penalties and a heavy social stigma. If you have been falsely accused of these crimes, it is critical that you have the help of a top sex crimes defense attorney. The Berry Law Group is committed to defending those unjustly charged with sex crimes. We will use our expertise to protect your rights and demonstrate your innocence.
What Is Sexual Battery in Georgia?
Georgia law (O.C.G.A. 16-6-22.1) states that sexual battery has occurred when a person “intentionally makes physical contact with the intimate parts of the body of another person without the consent of that person.” It further defines “intimate parts” to mean “the primary genital area, anus, groin, inner thighs, or buttocks of a male or female and the breasts of a female.” Thus, if you purposefully touch someone's intimate area without his or her consent, you have committed sexual battery.
If you commit this crime against a person over the age of 16 years and it is your first offense, you will be charged with a misdemeanor of a high and aggravated nature. This is punishable by up to a year in jail and a fine of up to $5,000. However, a second or subsequent conviction for sexual battery will be considered a felony and you will face one to five years in prison and mandatory registration as a sex offender. Similarly, if you commit sexual battery against a minor under the age of 16 years, you will be charged with a felony (even if it is a first offense) and will face a prison sentence of one to five years.
To defend against an accusation of sexual battery, you need to show at least one of the following:
1) you did not make contact with a person's intimate area;
2) the person consented to the contact; or
3) the contact was accidental.
Arguments that will not work include: “I was drunk,” “It was a joke,” and “She didn't say no.” If you touched another person's intimate area on purpose and consent was not consciously given, you are guilty of sexual battery.
What Is Aggravated Sexual Battery in Georgia?
Aggravated sexual battery is considered an even more serious offense and, consequently, carries more severe penalties. The relevant Georgia statute (O.C.G.A. 16-6-22.2) states that a person has committed 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.”
A conviction for aggravated sexual battery carries a sentence of 25 years to life in prison and (if released) a lifetime on probation and registration as a sex offender.
A Strong Sex Crime Defense
At the Berry Law Group we have firsthand experience that innocent people can be charged with heinous crimes. We are dedicated to pursuing justice for our clients. If you have been falsely accused of sexual battery or aggravated sexual battery, we want to hear your story. Contact us today for a free consultation. We will assess your case and advise you on the best path forward.