According to recent reports, a baseball coach at McIntosh High School, David Munoz, has been accused of inappropriately touching student athletes on campus. Complaints were made to the Peachtree City Police Department about Munoz, and detectives began their investigation that very same day.
Munoz was arrested for sexual battery after the police interviewed several student athletes.
School officials claim that they were unaware and had no prior knowledge of the allegations. McIntosh High School is reported as fully cooperating with the investigators.
Crimes involving conduct with children are taken very seriously in Georgia, but it is important to remember that no one should be assumed guilty just because he or she has been accused of committing a crime.
Let's analyze the offense that Munoz is being accused of committing.
Sexual Battery in Georgia
According to Georgia law, sexual battery in Georgia is defined as:
“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.” O.C.G.A. §16-6-22.
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.
Sex Crimes in Georgia are highly stigmatized and prejudiced. These crimes also carry serious punishments.
What is the punishment for conviction of sexual battery in Georgia?
The state of Georgia will have to prove guilt beyond a reasonable doubt. This means that all elements of a sexual battery must be proven, and the accused does not have to prove his or her innocence.
A conviction for sexual battery is considered a misdemeanor of a high and aggravated nature. Any subsequent convictions for sexual battery will be elevated to felonies and are punished by one to five years in prison.
Are there defenses to sexual battery in Georgia?
However, there are Georgia Criminal Defenses that can be utilized in order to prove the innocence of someone accused of sexual battery. If accused of sexual battery, you will need a Georgia Criminal Defense Lawyer to determine what defense actually applies to your case. Defenses to sexual battery include the following:
- The alleged victim actually consented to the sexual activity.
- The accused as been misidentified as the assailant or the attacker.
- The sexual activity never actually occurred.
- The facts were mischaracterized.
If you or a loved one has been accused of sexual battery in Georgia, contact a Georgia Criminal Defense Attorney today.
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