Recent Example of Sexual Battery by Arrest of Pro Boxer at Atlanta Mall

Adrien Broner, a word-title holding, professional boxer was arrested at Lenox Mall in Atlanta on Monday. A woman reported that she was “inappropriately groped” by a man; police later identified him as Broner. Broner was arrested on a sexual battery charge and taken to Fulton County jail. He was released earlier today.

Broner is denying all accusations. Even though he was accused and arrested, it doesn't mean that he is guilty of the crime of sexual battery in Georgia. 

Sexual Battery

According to Georgia law, sexual battery is defined as “(a) For the purposes of this Code section, the term "intimate parts" means the primary genital area, anus, groin, inner thighs, or buttocks of a male or female and the breasts of a female. (b) A person commits the offense of sexual battery when he or she intentionally makes physical contact with the intimate parts of the body of another person without the consent of that person. (c) Except as otherwise provided in this Code section, a person convicted of the offense of sexual battery shall be punished as for a misdemeanor of a high and aggravated nature. (d) A person convicted of the offense of sexual battery against any child under the age of 16 years shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years. (e) Upon a second or subsequent conviction under subsection (b) of this Code section, a person shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than one nor more than five years and, in addition, shall be subject to the sentencing and punishment provisions of Code Section 17-10-6.2.” O.C.G.A. §16-6-22. 

Sexual crimes are highly prejudiced and can carry harsh punishments. A conviction for sexual battery is considered a misdemeanor of a high and aggravated nature. Any subsequent convictions for sexual battery will be considered felonies. 

As with any crime, the state of Georgia will have to prove guilt beyond a reasonable doubt. This means that all elements of a sexual battery must be proven, and the accused does not have to prove his or her innocence. However, there are Georgia criminal defenses that can help prove innocence of sexual battery. If accused of sexual battery, you will need a Georgia Criminal Defense Lawyer to determine what defense applies to your case.  Defenses to sexual battery include the following. The alleged victim actually consented to the sexual activity. The accused as been misidentified as the assailant or the attacker. The sexual activity never actually occurred. Or sometimes facts can be mischaracterized. Our lawyers can determine which defenses will be the most beneficial to argue. 

If you or a loved one has been charged with sexual battery, contact our offices today.