Criminal Defense Topics
Sexual Assault in Georgia - O.C.G.A. 16-6-1
Sexual assault in Georgia, depending on the nature of the circumstances, can be prosecuted as a misdemeanor or felony crime. Sexual assault is generally any act of intentionally making physical contact with an intimate part of a persons body without consent of the alleged victim.
Findlaw defines a key element of sexual assault as: "Sexual contact" that is perpetrated by “a person who has supervisory or disciplinary authority over another individual.” Enhanced penalties for sexual assault against a child under 16 years old. Lesser penalties if the victim is between 14 and 16 years old and the defendant is 18 years old or younger or no more than four years older than the victim.
What is Sexual Battery in Georgia?
- (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 assault 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 assault shall be punished as for a misdemeanor of a high and aggravated nature.
- (d) A person convicted of the offense of sexual assault 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.
If you've been accused of sexual assault you need to hire an experienced sex crimes lawyer as quickly as possible. Our law firm has represented numerous clients charged with sexual assault or sexual battery. We invite you to contact us to learn how we can help you. Call 770-956-1400 or contact us online to schedule a consultation with a lawyer.