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Georgia Sexual Battery

Sexual battery can be considered a misdemeanor or a felony, depending on the facts of your case. Keep reading to learn more about the offense of sexual battery and how a criminal defense attorney can help you if you are charged with sexual battery.

Georgia Sexual Battery Statute

Under O.C.G.A. § 16-6-22.1, a person commits the offense of sexual battery when they intentionally make physical contact with the intimate parts of the body of another person without the consent of that person.

What are the intimate parts?

Intimate parts include:

The genital area, anus, groin, inner thighs, or buttocks of any person; and
The breasts of a female.

What are the elements of a Sexual Battery Offense?

The elements of an offense are the different factors that the State must prove beyond a reasonable doubt to secure a conviction on a particular charge. For a sexual battery charge, the State must prove the following:

Physical contact with the victim’s intimate body parts; and
Intent to have intimate contact with the victim’s intimate body parts; and
Lack of consent from the victim, which requires actual proof of the victim’s lack of consent regardless of the victim’s age.

In Madison v. State, the Georgia Court of Appeals noted that consent cannot be induced by force, fear, or intimidation. For example, if a person threatens someone to get them to consent to sexual touching, that will not amount to consent under Georgia law because the consent was given due to fear.

Penalties

A person who is convicted of sexual battery can be punished for a misdemeanor of a high and aggravated nature.

A misdemeanor of a high and aggravated nature usually happens when a person has committed the same offense multiple times. A person who is convicted of a misdemeanor of a high and aggravated nature can be punished by:

A fine of no more than $5,000.00;
By confinement in the county or city jail for no more than 12 months;
Or both.

However, if an incarcerated person committed sexual battery within a jail or prison, they can be punished by confinement in a state correctional institution for no more than 12 months.

If a person has been previously convicted of sexual battery, the person will be guilty of a felony and can be imprisoned for at least one year and no more than five years.

Additionally, if the person committed sexual battery against a child under 16 years old, they will be guilty of a felony and can be imprisoned for at least one year and no more than five years.

Sex Offender Registry

Like the consequences of a rape conviction, there are additional penalties required by Georgia law when convicted of sexual battery that can be found in O.C.G.A.§ 17-10-6.2. Some of the penalties include having to register for the State Sexual Offender Registry. Being on the State Sexual Offender Registry prevents you from seeking certain jobs, such as jobs involving children. Jobs involving children include but are not limited to, childcare facilities, childcare learning centers, or preschools.

Further, a sexual battery conviction on your record can prevent you from finding housing, employment, and using certain public services such as parks.

Defenses

There are some sexual battery defenses that your criminal defense attorney can argue based on the facts of your case, including:

Consent: If the adult person consented to the touch, then the elements of sexual battery have not been met.
Unintentional: To be convicted of sexual battery, you must intentionally make physical contact with the intimate body parts of another person. If the touch was unintentional, your criminal defense attorney could argue that the elements of sexual battery have not been met.

What is not a defense?

Marriage: The fact that the person sexually battered is the spouse of the Defendant is not a defense to a charge of sexual battery.

Frequently Asked Questions

What are the elements of sexual battery in Georgia?

The elements of sexual battery include:

The Defendant intentionally made physical contact;
With the intimate body parts of another person;
Without that person’s consent.

Is sexual battery a felony in Georgia?

Sexual battery is a felony in Georgia if this is your second or subsequent sexual battery conviction. Sexual battery is also a felony if the person committed sexual battery against a child under 16 years old.

What is aggravated sexual battery in Georgia?

A person commits the offense of aggravated sexual battery when they intentionally penetrate with a foreign object the sexual organ or anus of another person without the person’s consent. A person convicted of aggravated sexual battery can be punished by imprisonment for life or no less than 25 years, followed by probation for life. The person will also have to register as a sex offender.

Why you need a lawyer for an sexual battery offense

It is your lawyer’s job to poke holes in the State’s theory of the case and raise potential defenses such as consent. It is especially important that you have an experienced criminal defense attorney fighting on your behalf, given the far-reaching consequences of a sexual battery conviction. At Kevin Fisher Legal, we provide compassionate advocacy for all our clients regardless of their charges.

Have Questions? Give Me A Call

If you or your loved one is charged with sexual battery, I am here to help. I have decades of experience representing people charged with misdemeanors and serious felonies, and I will make sure you receive the best defense possible. If you need legal help, give me a call today!