A nurse who worked at the Troup County Jail has been arrested after admitting to being in a sexual relationship with an inmate.
Sheriff Woodruff with Troup County explained that these claims are being taken “very serious and will not tolerate any misconduct by any person working for or representing the Troup County Sheriff's Office and will ensure that they are prosecuted to the highest extent of the law.”
As a Georgia Sex Crimes Lawyer, I will outline the law that the nurse is being accused of breaking.
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
Contact our offices today if you or a loved one has been arrested.
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