According to reports out of Coweta County, a former jail employee was arrested after being accused by investigators and inmates for having a sexual relationship with an inmate.
The situation is still under investigation by the Georgia Bureau of Investigation and more details are expected to be released soon.
As a Georgia Sex Crimes Lawyer, I will outline the criminal offense of sexual assault in Georgia.
Sexual Assault in Georgia
Sexual assault in Georgia is defined in the Georgia Code in O.C.G.A. §16-5-5.1 as:
Sexual assault occurs when a person who has supervisory or disciplinary authority over another individual engages in sexual contact with them.
Sexual contact is defined by law as “any contact between the actor and a person not married to the actor involving the intimate parts of either person for the sexual gratification of the actor.” The easiest way to explain it is that it is any sexual contact that involves intimate body parts between two unmarried people.
Sexual assault can only occur between a person with supervisory or disciplinary authority and someone underneath them. Examples of these types of relationships are as follows:
- Teacher, principal, assistant principal, or other school administrators
- Probation officer, or other employees that have authority over parolees or probationers
- Employee or agent of a law enforcement agency with a person detained or in custody
- Employee or agent of a hospital who has sexual contact with a patient while being treated
- Employee or agent of a correctional or juvenile justice facility, or disability facility; or
- Psychotherapists with their patients
Any of these people will have committed sexual assault when they engage in sexual contact with an individual that the actor knew or should have known they have authority over.
Practice Note
Sex Offenses in Georgia are handled quite seriously. For most sex crime convictions, a person is facing serious consequences such as mandatory registration with the Georgia Sex Offender Registry.
Just as with any other crime, not everyone who is accused of committing a sex offense is guilty of committing that offense. An arrest is not the same as a conviction. Call our offices now if you or a loved one has been arrested.
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