Georgia Sexual Abuse Defense Attorney
Sexual Abuse Defense Lawyer in Atlanta & Alpharetta, Georgia
The Ford Law Firm is a well-respected criminal defense law firm that has aggressively represented defendants accused of sexual abuse for the past two decades. Tom Ford protects the constitutional rights of clients in the complex criminal cases in which a minor, disabled adult or elderly person is the alleged victim.
Definition of Sexual Abuse
"Sexual abuse" is defined by Georgia statute § 16-5-100 as:
“The coercion for the purpose of self-gratification by a guardian or other person supervising the welfare or having immediate charge, control, or custody of a disabled adult, elder person, or resident to engage in any of the following conduct:
(A) Lewd exhibition of the genitals or pubic area of any person;
(B) Flagellation or torture by or upon a person who is unclothed or partially unclothed;
(C) Condition of being fettered, bound, or otherwise physically restrained on the part of a person who is unclothed or partially clothed unless physical restraint is medically indicated;
(D) Physical contact in an act of sexual stimulation or gratification with any person's unclothed genitals, pubic area, or buttocks or with a female's nude breasts;
(E) Defecation or urination for the purpose of sexual stimulation of the viewer; or
(F) Penetration of the vagina or rectum by any object except when done as part of a recognized medical or nursing procedure.”
Registering as a Sex offender in Georgia
A sexual abuse conviction can have lifetime repercussions. Anyone convicted as a sexual offender or a sexually dangerous predator must register with the Georgia sex offender registry.
The sexual offender definition includes, “Any individual who has been convicted of a criminal offense against a victim who is a minor or any dangerous sexual offense.”
The definition of a sexually dangerous predator is even broader: “A person who is determined by the Sexual Offender Registration Review Board to be at risk of perpetrating any future dangerous sexual offense.”
Registration is required within 72 hours of release, whenever the registrant moves residences and each year. The obligation to register typically lasts for life and follows the registrant to any state to which she or he moves. Georgia registrants are also listed on the national database.
Sentences for Sexual Abuse Conviction in Georgia
Sentences for sexual abuse of a minor depend upon the act and the age of the alleged victim. Indecent exposure to an adult is a misdemeanor, but becomes a felony when the exposure occurs in the presence of a minor. Sexual battery of a minor can carry a life sentence with minimum eligibility for parole at 25 years.
For sexual abuse of a disabled or elderly adult, the sentence ranges from one to 20 years of incarceration and fines up to $50,000.
Defenses to Sexual Abuse Allegations
The victim is particularly sympathetic when a case involves the sexual abuse of a minor. Jurors tend to believe the victim despite proof to the contrary. For this reason, charges involving children must be handled with skill and experience. Defenses may involve proving that:
- The child was lead to believe she or he was sexually abused.
- The child made false accusations against the defendant.
- The child misidentified the abuser.
- The act did not fall within the definition of child abuse.
Learn More about Defenses Against Sexual Abuse Charges
The Ford Law Firm can protect your rights against sexual abuse allegations. Call 404-835-3950 to schedule an appointment with a Georgia sexual abuse attorney to learn more about your rights and defenses.