Aggravated sexual battery definition georgia

Aggravated sexual battery definition georgia DEFAULT

Under Georgia's laws, a person who engages in sexual behavior with others against their will can be convicted of rape, sodomy, or sexual battery.

For more information on sexual assault laws generally, see Sexual Battery: Laws and Penalties.

Depending on the circumstances, some behavior can constitute a sex crime or assault and battery (causing or attempting to cause physical injury to another).

For more information on these crimes in Georgia, see Georgia Assault and Battery Laws and Georgia Aggravated Assault & Battery Laws.

Help for Sexual Assault and Rape Survivors

If you are a victim of sexual assault or rape, contact Rape, Abuse & Incest National Network (RAINN) for online help and local resources.

When looking for help as a victim of abuse, remember to consider how private your computer, Internet, and phone use are. Consider whether there's anything you can and should do to prevent someone else from learning that you're doing research or seeking help. Some victims, for instance, might use the same computer or device as the abuser, or might have a phone plan that allows the abuser to see the calls they make and receive. Other kinds of technology, like home security cameras and GPS in phones and cars, can also allow for monitoring by the abuser.

Rape in Georgia

In Georgia, a man commits the crime of rape having sexual intercourse with a woman by force and against the woman's will. A man also commits the crime of rape by having sex with a girl under the age of ten.

(Ga. Code Ann. § 16-6-1.)

Even slight penetration can constitute intercourse, and threats, intimidation, and physical harm can constitute force.

A man also commits rape by engaging in sex with a woman who is:

  • asleep or unconscious
  • intoxicated, or
  • otherwise unable to consent.

Georgia law treats spousal rape identical to other kinds of rape.

Sodomy and Aggravated Sexual Battery in Georgia

Under Georgia's laws, a person commits the crime of sodomy by having oral or anal sex with another. A person commits the crime of aggravated sodomy by having oral or anal sex with another person by force and without the other person's consent.

(Ga. Code Ann. § 16-6-2.)

A person commits the crime of aggravated sexual battery by penetrating a person's genitals or anus with a foreign object (anything other than a penis) without the person's consent.

(Ga. Code Ann. § 16-6-2.22.)

For example, placing a finger in a woman's vagina against her will is aggravated sexual battery.

Sexual Battery in Georgia

A person in Georgia commits the crime of sexual battery by making physical contact with the intimate part (genitals, buttocks, or a woman's breasts) of another person's body without the consent of the other person.

Sexual battery is punished more severely if the victim is under 16 years old or if the defendant has previously been convicted of sexual battery.

(Ga. Code Ann. § 16-6-22.1.)

For example, fondling a woman's breast without her consent is sexual battery.

Prior Consensual Sexual Activity

It is not a defense to a charge of rape or sexual assault that the victim and defendant previously engaged in consensual sexual conduct. However, a victim's prior sexual activity with the defendant may be admissible at trial when the defendant raises the defense of consent.

Punishment

Rape is punishable by 25 years to life imprisonment or life without parole.

Although Georgia's rape sentencing law also authorizes the death penalty, the United States Supreme Court has struck down the death penalty for rapists. (Kennedy v. Louisiana, 554 U.S. 407 (2008).)

Sodomy is punishable by one to 20 years' imprisonment. Aggravated sodomy is punishable by 25 years to life imprisonment.

Aggravated sexual battery is punishable by 25 years to life imprisonment.

If released from prison, a person convicted of rape or aggravated sodomy must remain on probation for his or her entire life.

Sexual battery is a misdemeanor of a high and aggravated nature, punishable by up to 12 months in jail and a fine of up to $5,000. A second or subsequent conviction for sexual battery or a conviction for sexual battery against a child under the age of 16 is punishable by one to five years' imprisonment.

(Ga. Code Ann. § § 16-6-1, 16-6-2, 16-6-22.1, 16-6-2.22.)

Sex Offender Registration

People in Georgia who are convicted of rape, sodomy, or aggravated sexual battery are required to register as sex offenders, as are people are convicted a second or subsequent time of sexual battery.

(Ga. Code Ann. § 42-1-12.)

Obtaining Legal Assistance

A conviction for rape, sodomy, or sexual battery can have very serious consequences. If you are charged with a sex crime, you should contact a Georgia criminal defense attorney. An attorney can tell you what to expect in court and help you obtain the best possible outcome in your case.

Sours: https://www.criminaldefenselawyer.com/resources/criminal-defense/sex-crimes/georgia-sexual-battery-laws.htm

2010 Georgia Code
TITLE 16 - CRIMES AND OFFENSES
CHAPTER 6 - SEXUAL OFFENSES
§ 16-6-22.2 - Aggravated sexual battery

O.C.G.A. 16-6-22.2 (2010)
16-6-22.2. Aggravated sexual battery


(a) For the purposes of this Code section, the term "foreign object" means any article or instrument other than the sexual organ of a person.

(b) A person commits the offense of aggravated sexual battery when he or she intentionally penetrates with a foreign object the sexual organ or anus of another person without the consent of that person.

(c) A person convicted of the offense of aggravated sexual battery shall be punished by imprisonment for life or by a split sentence that is a term of imprisonment for not less than 25 years and not exceeding life imprisonment, followed by probation for life, and shall be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7.

Disclaimer: These codes may not be the most recent version. Georgia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

Sours: https://law.justia.com/codes/georgia/2010/title-16/chapter-6/16-6-22-2/
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WHAT’S THE DIFFERENCE BETWEEN AGGRAVATED SEXUAL BATTERY & SEXUAL BATTERY IN GEORGIA?

sexual battery

Have you been charged with aggravated sexual battery? And, if so, are you having trouble understanding the difference between sexual battery vs. aggravated sexual battery? Or, why a sexual battery charge might be elevated to an aggravated sexual battery charge? Well, we are here to help you understand the charge against you and the consequences.

Here at Bixon Law we understand that being charged with a sex crime comes with negative connotations in the public eye and harsh punishments if convicted. We also know that people can be and have been falsely accused and wrongfully convicted of sex crimes despite many people unwilling to believe so because of the horrific nature of such crimes.

If you have been charged with a sex crime in Georgia, you need experienced attorneys on your side to put up the best possible defense on your behalf. But, first, let’s explore the differences between the offenses of sexual battery and aggravated sexual battery.

SEXUAL BATTERY UNDER GEORGIA LAW

Under Georgia law, O.C.G.A. §16-6-22.1(b), a person commits the offense of sexual battery when he or she intentionally makes physical contact with the intimate parts of the body of another person without the consent of that person. For the purposes of this code section, the term “intimate parts” means the primary genital area, anus, groin, inner thighs, or buttocks of a male or female and the breasts of a female.

PENALTY FOR SEXUAL BATTERY UNDER GEORGIA LAW

A person convicted of the offense of sexual battery will be punished for a misdemeanor of a high and aggravated nature. A person convicted of the offense of sexual battery against any child under the age of 16 years will be guilty of a felony and, upon conviction, will be punished by imprisonment for not less than one nor more than five years. Upon a second or subsequent conviction, a person will be guilty of a felony and, upon conviction, will be imprisoned for not less than one nor more than five years.

AGGRAVATED SEXUAL BATTERY UNDER GEORGIA LAW

Under Georgia law, O.C.G.A. §16-6-22.2(b), a person commits the offense of aggravated sexual battery when he or she intentionally penetrates with a foreign object the sexual organ or anus of another person without the consent of that person. For the purposes of this code section, the term “foreign object” means any article or instrument other than the sexual organ of a person. “[A] finger constitutes a `foreign object’ for purposes of this crime.” Johnson v. State, 276 Ga. 57, 58 (1), 573 S.E.2d 362 (2002).

PENALTY FOR AGGRAVATED SEXUAL BATTERY UNDER GEORGIA LAW

A person convicted of the offense of aggravated sexual battery shall be punished by imprisonment for life or by a split sentence that is a term of imprisonment for not less than 25 years and not exceeding life imprisonment, followed by probation for life. Any person convicted for an aggravated sexual battery offense will also be required to register as a sex offender and will appear in both the Georgia public sexual offender database and the national sexual offender database.

DEFENSES AGAINST SEXUAL BATTERY & AGGRAVATED SEXUAL BATTERY CHARGES

Consent: Under the statute, a person cannot be convicted of sexual battery or aggravated sexual battery if he or she had the alleged victim’s consent. Thus, a defense against such a charge is to provide proof that the alleged victim consented/agreed to the alleged wrong conduct. Such proof could result in the charges against the accused being dismissed.

Lack of Evidence/Alibi: A conviction of an aggravated sexual battery charge requires proof beyond a reasonable doubt that the accused committed the crime. If the State does not have adequate evidence to prove that the accused committed the crime, then he or she cannot be convicted of such an offense. Thus, if a person is claiming innocence and can provide an alibi to his or her whereabouts at the time the alleged crime was committed, such proof could result in the charges against him or her being dismissed.

Intent: The statute requires, for the offense of aggravated sexual battery, that the penetration be intentional. If the accused can provide any evidence that the wrongful conduct was not intentional or an accident, then the charges against him or her could possibly be dropped.

“On the issue of intent, the [s]tate must prove that the defendant’s act of penetrating the victim’s sexual organ or anus was intentional and that the defendant knew or should have known that the victim did not consent or lacked the capacity to consent.” Lee v. State, 300 Ga. App. 214, 216 (1), 684 S.E.2d 348 (2009). 

CONTACT BIXON LAW TODAY

If you have been charged with aggravated sexual battery or sexual battery, give Bixon Law a call today to speak to one of our experienced Georgia criminal defense lawyer. We will vigorously defend your legal rights and advocate on your behalf to have your case dismissed or the charges against you reduced. As experienced trial attorneys, we are also not afraid to take your case to trial if necessary. We represent clients in Atlanta and throughout the state of Georgia. We are lawyers who are committed to helping people in difficult situations and we invite you to call us at 404-551-5684 for a free consultation today. 

Sours: https://bixonlaw.com/whats-the-difference-between-aggravated-sexual-battery-sexual-battery-in-georgia/
What is the charge of rape or sexual battery?

What Are the State of Georgia’s Laws on Sexual Assault?

Sexual assault is an expansive area of law in Georgia with dozens of statutes in the Official Code of Georgia Annotated (O.C.G.A.) defining different sex crimes and related terms, as well as explaining the various punishments for each. It is important to understand the sexual assault laws in your state, especially if someone has accused you of a crime. Retain a criminal defense lawyer for assistance combatting a case against you in Georgia.

Child Molestation: O.C.G.A. 16-6-4

Committing the offense of child molestation means to engage in any immoral or indecent act to arouse or satisfy the sexual desires of either party, in the presence of a child or with any child under the age of 16. Sending images of someone committing child molestation also fulfills the definition of this crime. The penalty for child molestation in Georgia is 5 to 20 years in prison for a first offense and 10 to 30 years for a second offense.

Sexual Battery: O.C.G.A. 16-6-22.1

Someone commits the crime of sexual battery in Georgia if he or she deliberately touches the intimate parts of another person without that person’s consent. Intimate parts by law are the genitals, groin, inner thighs, buttocks or anus, as well as the breasts of a female. Sexual battery is a high and aggravated misdemeanor (or a felony if against a child under 16) punishable with up to five years in jail.

Aggravated Sexual Battery: O.C.G.A. 16-6-22.2

Aggravated sexual battery also involves the touching of intimate parts against the victim’s consent, but involves the penetration of the victim’s sexual organ or anus with a foreign object. Committing aggravated sexual battery comes with a sentence of no less than 25 years to life in prison or a split sentence with probation for life.

Consent: O.C.G.A. 16-1-3

Although Georgia law does not define consent, it does define not giving consent. Under Georgia law, failure to give consent is a person not voluntarily yielding, while knowing the essential facts, to the proposal of the perpetrator in a circumstance that requires the person’s concurrence. It is not lawful to gain someone’s consent by force, coercion, intimidation or drugging. Minors under the age of 16 cannot are unable to lawfully give their consent.

Rape: O.C.G.A. 16-6-1

To rape someone in Georgia is to have carnal knowledge of a female forcibly and against her will or a female under the age of 10. Carnal knowledge refers to any penetration of the female’s sexual organ by the male’s sexual organ. Marriage is not a defense against a rape charge in Georgia. A rape conviction in Georgia can come with a sentence of life in prison without parole, life in prison, a split sentence involving probation or the death penalty.

Sodomy: O.C.G.A. 16-6-2

Sodomy is performing or submitting to any sexual act involving one person’s sexual organ and the other person’s mouth or anus, against the victim’s will. Aggravated sodomy is committing this crime against a child under 10 years old. The penalty for sodomy is imprisonment for 1 to 20 years or life in prison for aggravated sodomy (with the chance of a split sentence).

Incest: O.C.G.A. 16-6-22

Incest is the act of intentionally engaging in sexual intercourse or sodomy with someone the perpetrator knows he or she is related to, either by blood or marriage. An incest conviction can come with a punishment of 10 to 30 years behind bars, or 25 to 50 years if the victim was a minor under 14 years of age.

Statutes of Limitations: O.C.G.A. 17-3-1

The statute of limitations in Georgia is a law that gives a set time limit for bringing criminal charges against someone for alleged sex crimes. If the victim or prosecutor fails to bring charges by this time limit, the plaintiff will lose the right to do so. The statute of limitations for sex offenses is four years from the alleged commission of the crime. Certain exceptions exist, however, if the victim was under 16 or the crime is rape. Rape comes with a 15-year statute of limitations in Georgia.

Sours: https://www.chancoschiffer.com/blog/2019/december/what-are-the-state-of-georgia-s-laws-on-sexual-a/

Georgia battery aggravated sexual definition

Aggravated Sexual Battery Attorney Alpharetta

Aggravated Sexual Battery Defense Attorney in Alpharetta

Aggravated sexual battery is a very serious sex offense that comes with harsh repercussions and criminal punishments.  Tom Ford is a skilled and dedicated criminal defense attorney who represents clientele in the Atlanta region, throughout the state of Georgia and other parts of the country facing all types of sex crime charges and allegations, including cases involving aggravated sexual battery.

Aggravated Sexual Battery Offenses Under Georgia Law

In the state of Georgia sexual battery and aggravated battery are two distinct sex crime offenses.  Sexual battery is defined in § 16-6-22.1 of the Official Code of Georgia Annotated (O.C.G.A.) to occur when an individual intentionally makes physical contact with another person’s “intimate body parts” without such person’s consent.  Section 16-6-22.2 provides that the crime of aggravated sexual battery occurs when an individual intentionally and without consent penetrates the sexual organ or anus of someone else using a foreign object.

Under Georgia law, aggravated sexual battery is a far more serious offense than simple sexual battery.  While sexual battery is generally classified as a misdemeanor offense of a high and aggravated nature, the crime of aggravated sexual battery is considered a felony offense in the state of Georgia.

Penalties for Aggravated Sexual Battery Offenses

If you are convicted of an aggravated sexual battery offense in the state of Georgia the penalties can be extreme.  Section 16-6-22.2 of the O.C.G.A. provides upon a conviction of aggravated sexual battery a person can be sentenced to:

  • Life in prison; or
  • A split sentence consisting of a prison term of not less than 25 years and not more than life imprisonment followed by lifetime probation

Beyond the specific sentences set forth in O.C.G.A.  § 16-6-22.2, you will also be subject to the sentencing provisions of O.C.G.A.  § 17-10-6.1 (punishment for serious violent offenders) and 17-10-7 (punishment for repeat offenders).  Additionally, individuals who are convicted of aggravated sexual battery in Georgia are required to register as sex offenders with the Georgia Sex Offender Registry.  Access to the registry is available free to the public and Georgia law sets forth numerous requirements for sex offenders, including the mandate to keep their registration information current.

Contact The Ford Law Firm Today

If you have been charged with felony aggravated sexual battery or the lower level crime of sexual battery you need to have a dedicated and skilled Georgia aggravated sexual battery lawyer on your side.  The Ford Law Firm is a leading criminal defense firm located in the metro Atlanta region.  Tom Ford represents clients in a wide range of criminal matters in both state and federal court and knows the ins and outs of criminal law and how the criminal justice system operates.  Call today to schedule a consultation.  We are here to help you get through a difficult situation and can be reached at 404-835-3950. Browse our website for more information on sex crimes, or for questions or comments please contact us.

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Sours: http://www.tomfordlawyer.com/criminal-defense/sex-crimes/aggravated-sexual-battery/
Arrested for Battery? Here's the Court Process - Told by a Fort Lauderdale Criminal Defense Attorney

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