A former teacher in Cobb County has been convicted of sexual assault and sentenced to five years in prison.
He was found guilty of sexually assaulting a female student for over multiple years starting when she was sixteen. As a Georgia Sex Crimes Lawyer, I will outline the law behind sexual assault in today's post.
Sexual Assault in Georgia
According to Georgia Law, sexual assault in Georgia is defined 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.
By law, sexual contact is defined 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.
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
A person commits sexual assault when they engage in sexual contact with an individual that the actor knew or should have known they have authority over. If convicted of sexual assault, a person faces up to twenty years in prison, a fine up to $100,000, or both.
On top of prison and fines, a sexual assault conviction is that they must register as a sex offender. The defendant will appear on the Georgia public offender database as well as the national sexual offender database. Sex offenders are prohibited from living near churches, schools, or other areas where minors congregate such as parks or pools.
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