A former employee of Barrow County Schools was arrested this past week after being accused of having sexual relations with several different students.
According to reports, she is facing charges of aggravated child molestation and sexual assault. As a Georgia Sex Crimes Attorney, I will outline the law behind the offense of sexual assault in Georgia. The law is complicated behind this offense and it is frequently improperly used to describe the offense of sexual battery in Georgia.
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
Call our offices today if you or a loved one has been accused of any one or more of the many sex crimes in Georgia.
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