According to reports out of Athens-Clarke County, a local bar owner has been arrested on charges of sexual assault after a female victim came forward and filed a report against him.
A few days after his arrest, he was charged with more offenses after more details were released to police. He is now facing charges of kidnapping, sexual battery, and rape in Georgia.
As a Georgia Sex Crimes Lawyer, I will cover one of the offenses faced by the bar owner in today's post. Most people are familiar with different sex crimes in Georgia - however, there is a large misusage of the offense of sexual assault. This crime is only applicable in certain situations, and in today's post, I will explain not only the law but exactly when this crime applies.
Sexual Assault in Georgia
Sexual Assault in Georgia is defined by the Georgia Code in O.C.G.A. §16-5-5.1 as:
When a person who has supervisory or disciplinary authority over another individual engages in sexual contact with them.
By law sexual contact is 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.
What separates sexual assault from other sex crimes in the state of Georgia is the element of the actor having supervisory or disciplinary authority. These relationships include:
- 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
- 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
Sexual assault is classified as a felony which means the penalties can include up to twenty years in prison as well as fines up to $100,000.
Practice Note
If convicted of a sex crime in Georgia, most offenders will also be required to register with the Georgia Sex Offender Registry. This registration can change many different aspects of a person's life and should not be taken lightly.
If you or a loved one has been accused of committing a sexual offense, contact our offices now so that we can discuss your case with you.
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