Sexual Assault
Sexual Assault Defense Lawyer in Atlanta & Alpharetta, Georgia
Tom Ford has dedicated his two-decade career to defending the rights of people accused of a crime. The Ford Law Firm is known for handling complex criminal defense cases in Atlanta and throughout Georgia. He lodges an aggressive, well-orchestrated defense against sexual assault charges that carry high stakes penalties and long-term incarceration.
What is Sexual Assault in Georgia?
The terms “sexual assault,” “sexual battery” and “rape” are often used interchangeably. But, Georgia law specifically refers to “sexual assault” as it pertains to a person in control, such as a teacher, psychologist, counselor, law enforcement officer, detention facility guard, hospital personnel or other person in authority. The alleged victim in these cases would be the person in the care, supervision or control of the accused person, such as a student, patient, inmate or other subservient role.
Under Georgia Code §16-6-5.1, the person in authority or control is prohibited from having sexual contact with the person under his or her control. Consent of the alleged victim is not a defense under this statute.
Penalties for Sexual Assault under Georgia Code §16-6-5.1
A conviction for sexual assault carries a sentence of one to 25 years in prison and up to $100,000 in most cases. The sentence ranges from 25 to 50 years in prison if the victim is younger than 16 years old.
However, the Romeo and Juliet statutes make an exception to this harsh sentence for teenagers who are close in age and engaged in a consensual relationship. Specifically, the crime is charged as a misdemeanor if the victim is between 14 and 15 years old, the actor is 18 years old or younger, and there are four or less years’ difference in age between the two. Under this exception, the defendant avoids the lifetime penalty of registering as a sexual offender.
Registering as a Sex Offender in Georgia
With the exception of a juvenile conviction, anyone convicted of sexual assault in Georgia must register as a sexual offender, which appears on the public Georgia and national sexual offender databases. Convicted sexual offenders are restricted from living near churches, schools and areas where minors congregate, including parks and swimming pools.
A convicted sexual offender must register within 72 hours of release, every year and every time she or he moves, for life.
Learn More About Sexual Assault Defense Strategies
The Ford Law Firm works to craft a strong defense strategy if you are charged with sexual assault. Schedule an appointment with our Atlanta, GA office by calling 404-835-3950. Our Georgia sexual assault lawyer will explain your legal rights and options.