Georgia Sexual Battery Laws

Sexual Battery in Georgia refers to sex crimes not typically covered by rape statutes, such as unlawful sexual contact. Sexual battery is often characterized as sexual touching or penetration without consent of the person. The mere touching of another person for the purpose of sexual gratification qualifies as sexual battery. Penetration does not have to occur, unlike a rape charge.

In Georgia, sexual battery is defined as:

• Intentionally makes physical contact with the intimate parts of the body of another person without the consent of that person.
  
  

Aggravated sexual battery is defined as:

• intentionally penetrates with a foreign object the sexual organ or anus of another person without the consent of that person.

Penalties for Sexual Battery in Georgia 

The penalties for sexual battery in Georgia depend on the charges issued and the circumstances surrounding the crime.

• For sexual battery: Misdemeanor up to 12 months in county jail, or a felony with 1-5 years in prison if victim is under 16 years old
• For aggravated sexual battery: Either 1) Imprisonment for life or 2) split sentence: imprisonment for not less than 25 years and not exceeding life imprisonment, followed by probation for life

Defense of a Sexual Battery in Georgia 

The list of defenses for Sexual battery in Georgia here is not exclusive, but are the most common defenses used, which include:

• Consent (Sexual battery of a minor cannot use consent defense, nor can consent be used if the victim lacked the capacity to do)
• Insufficient evidence of incident (lack of physical evidence, lack of eyewitnesses)
• Improper police procedure (illegal questioning, sloppy evidence handling)
• False allegations/credibility issues (“he said, she said”, jilted/angry partner)

Attempted Sexual Battery in Georgia  

Attempted sexual battery occurs when the prosecution can prove that there was an intent by the defendant to place the victim in immediate threat and danger of sexual battery. If the prosecution can show a specific intent to commit a sexual battery, you can be found guilty. Common examples of this would be locking a victim in the bedroom for the purpose of sexual activity or drugging a victim with the intent of sexual contact.

When to Talk to a Lawyer 

If you are charged with a sexual battery, it is critical to speak with a lawyer immediately. Getting a lawyer on your case immediately will assure that your rights are protected, that any evidence that can help you is preserved and the police and prosecution follow proper protocol. Sexual battery charges are serious crimes that have life altering consequences, and you should have an experienced criminal defense lawyer who can help your defense.