Like many states, the state of Georgia takes accusations of sex crimes very seriously, and charges offenders with equally serious severity. Among those sex crimes, sexual battery is considered one of the most significant, with aggravated sexual battery drawing even larger consequences.
Georgia law provides for a very concrete definition of what constitutes sexual battery. The terms of Georgia criminal code §16-6-22.1(b) define the crime as one of physical contact with areas of the body that are generally kept private. Intentional contact with any part of the body, from the obvious erogenous zones to areas like the inner thigh, can constitute sexual battery.
The primary issue separating sexual battery from aggravated sexual battery is penetration. The same code spells out the dividing line between the two, stating that this heightened charge when a “foreign object” – e.g. any article or instrument besides a reproductive organ – is inserted into the victim’s anus or genitalia.
From the prosecution’s standpoint, the difference between the two is a clear legal border. On one side, sexual battery is considered a misdemeanor “of a high and aggravated nature. On the other, aggravated sexual battery is classified as a felony, and prosecuted accordingly.
Consequences for Aggravated Sexual Battery in Georgia
As a felony, a charge of aggravated sexual battery carries some of the highest sentencing requirements in Georgia. But beyond the prison sentence and any fines you might pay, there are long-lasting consequences to a felony charge.
The sentence alone is staggering, with a minimum sentence of 25 years to life if convicted. Add to that the exhaustive list of court fees and fines and you have a serious punishment to fit a serious crime. Even when all the fees have been paid and the prison sentence has been served, as a convicted felon and as a sex offender in the eyes of the state, those convicted face a lifetime of further consequences.
Registering as a sex offender will prevent those convicted from living anywhere near where minors may gather – parks, public swimming pools, schools, places of worship, etc. They will appear on both the state and national sex offender databases, requiring them to adhere to any state’s requirements they may move to.
That’s to say nothing of the permanent mark on the criminal record of the convicted as a felon. Besides making it more difficult to obtain a better life through better housing, a new job or custody of children, a felony charge can strip away individual civil liberties. Felons may find anything from their voting rights and second amendment rights stripped away and can be restricted from running for office, obtaining government benefits or traveling to certain countries.
It is a lifelong sentence, and one that requires rigorous defense.
Defending Your Innocence in Court
An accusation alone is not enough to convict someone of aggravated sexual battery. It may seem unimaginable that anyone might testify falsely on such a serious charge, but time and time again we see it happen. Perhaps the accusations come from a desire for revenge, or for the possibility of financial gain. It might be a way for an angry spouse to gain an advantage in a divorce case. Sometimes, it’s simply fiction created as a byproduct of mental health problems or substance abuse.
It seems unimaginable, but it does happen. And when it does, there are several ways to demonstrate that in court. Perhaps it was a case of mistaken identity, or the victim gave consent but later denied it. It could be they were impaired by drugs and alcohol to the point they misremembered or simply made it up. There are several ways to show a judge or jury your side of the story, prove your innocence, and clear your name.
That’s what Busbee Law Group is here for. No matter where you are in the state of Georgia, we can come to you in your hour of need and fight to disprove the charges against you. Because we don’t see you as simply a client. You’re a human being with rights guaranteed by the law and an inalienable entitlement to freedom and dignity. We keep our caseloads low so that when you come to us, you receive our full attention and the most vigorous defense possible.
Just because you were accused of a crime does not mean you will be found guilty. The Busbee Law Group has a track record of successfully having sex crime charges reduced and dismissed.
The are numerous strategies to proving your side of the story and it starts by being better prepared for court than the opposing side. We will conduct an independent investigation, interview witnesses, and devise a strategy to obtain the best possible outcome for your case.
It all starts by submitting your contact information below to schedule a confidential, no-obligation consultation with the Busbee Law Group.