Not every allegation of a sex crime involves forcing another person to have sex. In fact, many people face serious allegations that result from no more than an unwanted touch. Allegations of sexually touching someone without their consent are serious matters where even a first offense can result in significant jail time.

A McDonough sexual battery lawyer is ready to stand up for you if you are facing allegations involving unwanted sexual touching. A sex crime attorney could help you to better understand the nature of your charges and work to develop a defense that mitigates any penalties.

What is Sexual Battery Under Georgia Law?

Sexual battery involves the alleged physical contact by one person to another without consent. This contact may be on the genital area, inner thighs, buttocks, or breasts. Under this definition, even a seemingly playful touch may fall under the category of sexual battery.

The Official Code of Georgia Annotated § 16-6-22.1 states that a first sexual battery conviction is a misdemeanor of a high and aggravated nature. Subsequent convictions are felonies where a court can impose a prison sentence of between one and five years. Furthermore, if the incident involves a child, the possible penalty for a first offense is also a prison sentence of one to five years.

Even more significant are allegations that a person has committed aggravated sexual battery. Here, O.C.G.A. § 16-6-22.2 allows for penalties up to life imprisonment. At the very least, a court must impose a minimum sentence of 25 years. Sexual battery becomes aggravated sexual battery when a defendant uses a foreign object to penetrate the sex organ or anus of an alleged victim without their consent. A McDonough attorney could help someone protect their legal rights if they have been accused of sexual battery.

Developing Defenses Against Sexual Battery Charges

Prosecutors pursuing sexual battery charges have the obligation to prove each element of the alleged crime beyond a reasonable doubt. This means proving that the apparent physical contact occurred and that the supposed victim did not consent to the alleged touching.

Therefore, defense strategies can aim to create reasonable doubt concerning either of these facts. For example, an attorney could argue that the alleged contact never occurred. This could bring up doubts concerning the alleged victim’s recollection of the incident or whether the defendant was the perpetrator.

In other cases, it may be a better strategy to argue that the sexual contact was consensual. Here, evidence such as text messages, the relationship between the two parties, and the observations of witnesses may be helpful. In each case, a McDonough lawyer could develop a defense that best fits a person’s specific sexual battery case.

Contact a McDonough Sexual Battery Attorney

Allegations of unwelcome sexual touching can come with severe consequences. Even a first conviction can result in a lengthy jail sentence, the payment of stiff fines, and the creation of a criminal record. A McDonough sexual battery lawyer could help you fight back against these charges. Our team could evaluate the prosecutor’s case, identify realistic goals, and develop strategies designed to reach the desired outcome. For more information about how our team could help you, call today.

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Carl Chapman