What Is Considered Sexual Battery in GA?

What Is Considered Sexual Battery in GA?

Sexual battery is a serious offense that involves the violation of another person’s body without express consent. In the state of Georgia, understanding the legal definition, related laws, potential penalties, and defense strategies can be crucial for anyone facing such charges.  

Legal Definition of Sexual Battery in Georgia 

In Georgia, a person commits the crime of sexual battery when they intentionally make physical contact with the intimate parts of another person's body without their consent. The intimate parts typically referred to include the genitals, buttocks, groin, inner thigh, anus, or female breasts. 

The law considers it "intentional" if the person making the contact does so with the specific purpose of touching the intimate parts of the other person. This act becomes a crime when it is done without the express or implied consent of the other individual. 

Specific Laws Regulating Sexual Battery 

The specific statute regulating sexual battery in Georgia is O.C.G.A. § 16-6-22.1. This law is inclusive of all individuals, regardless of gender, age, or relationship status.  

Potential Penalties 

Sexual battery is typically considered a misdemeanor of a high and aggravated nature, for a first-time offense, in Georgia. Subsequent offenses are considered felonious offenses, punishable by up to five years of imprisonment and mandatory registration as a sex offender.  

However, the penalties can increase dramatically if the victim is under the age of 16 or if the act involves aggravated circumstances. Sexual battery against a person under age 16 is also considered a felony rather than a misdemeanor.  

Aggravated sexual battery occurs when someone intentionally penetrates another person with a foreign object without their consent; this offense is punishable by a minimum of 25 years of imprisonment, lifetime probation, and mandatory registration as a sex offender.  

Defense Strategies Against Sexual Battery Charges 

A skilled defense attorney can employ various strategies to defend against sexual battery charges. These may include challenging the credibility of the accuser, questioning the intentionality of the contact, or arguing that the contact occurred with the consent of the other party. 

It is essential to remember that each case is unique and requires a tailored defense strategy. Therefore, it's important to consult with an experienced attorney who can guide you through the legal process and advocate for your rights. 

Seek Legal Counsel 

If you or a loved one is facing sexual battery charges in Georgia, it is crucial to secure experienced legal counsel as soon as possible. At Balbo & Gregg, Attorneys at Law, PC, our team is ready to provide the aggressive, effective defense you need. Contact us today to discuss your case by calling (866) 580-3089.