Sexual Battery

Sexual Battery Defense Lawyer in Atlanta & Alpharetta, Georgia

Tom Ford has committed his 20-year practice to defending the rights of the accused in the Georgia criminal justice system. We have substantial experience in building strong defenses against complex, high-stakes sexual battery charges. We fully believe in the concept of innocent until proven guilty and we hold the prosecution to this standard.

What is Sexual Battery?

Georgia Code §16-6-22.1 defines “sexual battery” as intentionally making physical contact with the intimate parts of the body of another person without that person’s consent. For purposes of the Georgia criminal code, “intimate parts" refers to the primary genital area, anus, groin, inner thighs or buttocks of a male or female and the breasts of a female.

Sexual battery may be charged as follows:

• Simple sexual battery against a person 16 years or older is a misdemeanor with a potential sentence of up to one year.
• Simple sexual battery against a child who is younger than 16 years old is a felony that carries a potential sentence of one to five years.

What is Aggravated Sexual Battery?

Georgia Code §16-6-22.2 describes “aggravated sexual battery” as intentionally penetrating the sexual organ or anus of another person with a foreign object and without that person’s consent. The term "foreign object" refers to any article or instrument other than a person’s sexual organ.

Aggravated sexual battery is punishable by life in prison or at least 25 years in prison, followed by probation for life. Use of a weapon in committing sexual battery enhances the charges and penalties. Aggravated sexual battery of a minor also increases penalties.

Georgia Sexual Offender Registry

Upon release, convicted sexual offenders must register with the Georgia sexual offender database. The name, address and conviction appear on the Georgia and national databases, which are accessible by the public.

Registration is a lifetime requirement and must be updated every year and whenever the registrant moves. If moving to another state, the sex offender must register with the database in that state. Likewise, convicted sexual offenders moving to Georgia must register with the Georgia sexual offender registry.

Furthermore, sexual offender statutes place restrictions on where a registered offender is allowed to live and visit, prohibiting proximity to schools, churches, playgrounds, public swimming pools and other areas where children congregate.

Defenses Against Sexual Battery

The state has a duty to prove all elements of a sexual battery. The defendant does not have to prove his or her innocence. However, the defense may submit evidence to counter the state’s allegations or as an affirmative defense.

The defense strategy to fight sexual battery charges depends upon the facts of the specific case, but may include the following arguments:

• The alleged victim consented to the sexual activity
• The victim misidentified the defendant as the assailant
• The sexual activity did not occur
• The facts were mischaracterized and the charges should be downgraded or dropped

Build a Strong Defenses Against Sexual Battery Charges

The Ford Law Firm is a boutique Atlantic-based defense practice that represents criminal defendants throughout Georgia. To learn more about your rights and potential defenses against sexual battery allegations, call Georgia sexual battery lawyer Tom Ford at 404-835-3950 to schedule a consultation.