Atlanta Sexual Assault Defense Lawyer

Defending Sexual Assault Charges

In Georgia, the offense of sexual assault involves sexual contact engaged in by someone who has some degree of authority over the other person.

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This will typically involve teachers and students, law enforcement officers and detainees, or psychotherapists and their patients. Over the years, we have obtained outstanding results for many well-respected teachers, doctors and police officers charged in these cases. Georgia’s sexual assault statute was amended in 2019 and the offense is now referred to as improper sexual contact by employee or agent.

Our law firm has years of experience defending sex crime cases in Georgia and we know exactly what evidence will be needed to refute the sexual assault allegation against our client.

To schedule a consultation, contact Brody Law Firm.

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Georgia Sexual Assault Overview

Improper sexual contact in the first degree occurs when an “employee or agent” engages in sexually explicit conduct with another person whom such employee or agent knows or reasonably should have known is contemporaneously:

  • Enrolled as a student at a school of which he or she is an employee or agent;
  • Under probation, parole, accountability court, or pretrial diversion supervision of the office or court of which he or she is an employee or agent;
  • Being detained by or is in the custody of a law enforcement agency of which he or she is an employee or agent;
  • A patient in or at a hospital of which he or she is an employee or agent;
  • In the custody of a correctional facility, juvenile detention facility, facility providing services to a person with a disability, or facility providing child welfare and youth services of which he or she is an employee or agent;
  • The subject of such employee or agent’s actual or purported psychotherapy treatment or counseling; or
  • Admitted for care at a sensitive care facility of which he or she is an employee or agent.

The reason the statute expressly refers to “agents” is to include anyone who is not technically an employee, but someone who may be volunteering or assisting in some way. Sexually explicit conduct requires some degree of actual sexual activity, as opposed to “sexual contact” which is defined below.

The offense classified as improper sexual contact in the second degree occurs when the employee or agent engages in sexual contact with the other person – which is defined as any contact involving the intimate parts of either person for the purpose of sexual gratification of either person. Thus, the mere touching of the buttocks or breasts can constitute sexual contact.

Consent of the victim is not a defense – the only exception is if the two people are married.

Learn how to defend yourself against improper sexual contact accusations. Call (404) 577-9557 for a consultation.

Who Can be Charged with Sexual Assault?

Only specific individuals in positions of authority, as set out in the statute, can be charged with improper sexual contact.

These individuals are typically in a position of control or authority over another, such as a teacher over his or her students or a police officer over someone under arrest. The person in charge may have the right to discipline the victim, either with verbal reprimands or practical sanctions, such as expulsion from school or further incarceration.

The purpose of the statute was designed to address certain relationships where there may be a power imbalance between the parties that makes even consensual sexual contact inappropriate.

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Our Results in Sexual Assault Cases

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How We Help Clients Accused of Sexual Assault

Our firm has had great success with these cases and we have obtained dismissals for a number of our clients charged as a result of their position as teachers, doctors, or police officers.

In one notable case involving a respected Georgia doctor, we were able to negotiate a plea to a misdemeanor sexual battery charge. This not only saved our client from a felony conviction but also allowed him to avoid sex offender registration.

In another sexual assault case involving a Carroll County teacher, we were able to get the case dismissed prior to indictment, which allowed him to keep his teaching certificate. (Click here for more info)

We invite you to read Our Results page to learn more about how we’ve successfully defended many clients facing sexual assault charges in Georgia.

GeorgiaTrend Legal Elite Super Lawers National Trial Lawyers Top 100 National Academy of Criminal Defense Attorneys AVVO 10.0 Superb Rating, Criminal Defense AVVO Clients' Choice Award, Criminal Defense - 2015