Two different jail employees have been accused of sexual assault and having sex with inmates at Clayton County jail and Cherokee County jail.
Both have been arrested and are being held without bail.
As a Georgia Sex Crimes Lawyer, I will outline the offense of sexual assault in Georgia. Many times people misuse the term “sexual assault.” Many times it is improperly used to describe any of the following offenses:
Georgia's law for sexual assault is different than many other sexual assault laws throughout the United States. Under our law, it a crime for someone with supervisory or disciplinary authority over another to have sexual contact with them. In today's post, I will outline the law as it is stated in the Georgia Code as well as the penalties if convicted.
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.
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.
Registration on the Georgia Sex Offender Registry isn't meant to be further punishment, however, the implications are far-reaching. Therefore, if you or a loved one has been arrested for a sex crime in Georgia, contact our offices now.
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