Sexual encounters can be positive experiences for all involved, but a lack of clear consent can lead to criminal charges. Physical contact with another person can turn into an accusation of sexual battery, based on touching without consent.
An Atlanta sexual battery lawyer can help you defend against criminal charges by representing your interests and keeping law enforcement accountable. Rafus Law can provide your defense and make sure you understand your specific case.
Contact our dedicated sex crimes attorneys today for a free consultation.
Battery generally refers to unwanted touching, and sexual battery specifies touching of certain parts of the body. As defined by Georgia Code § 16-6-22.1, touching of the intimate parts of the body, including the private parts and thighs of a person, without consent can be sexual battery.
The penalties for that sexual battery can be severe. Sexual battery is typically charged as an aggravated misdemeanor. A second offense is automatically a felony—regardless of the age of the other person—and is punishable by one to five years of imprisonment, with the potential for harsher penalties in the future. Additionally, if the contact involves a person under the age of 16, it becomes a felony punishable by one to five years in prison.
In addition, sexual battery can be elevated to aggravated sexual battery under Georgia Code § 16-6-22.2 if a foreign object is used to penetrate another person. This offense is considered so serious that a conviction carries a mandatory minimum sentence of 25 years in prison, followed by probation for life, or a maximum life sentence.
These penalties alone make it worthwhile to have an Atlanta defense lawyer if charged with sexual battery. An attorney can work to show that a person accused of sexual battery did not actually commit the crime and otherwise protect their rights.
A defense begins as soon as police make an arrest, or even during initial questioning. Once officers suspect someone of a crime, that person becomes vulnerable to prosecution without a lawyer’s guidance.
A defense attorney could advise a person to remain silent and avoid making statements that may raise suspicion or imply criminal conduct. The attorney could also investigate the events to demonstrate that their client did not break the law.
After criminal charges are filed, an attorney could examine the evidence to show that the prosecution cannot meet the burden of proof beyond a reasonable doubt. For example, an Atlanta attorney could argue that the circumstances indicate consent or that any contact was unintentional, aiming to establish that no sexual battery occurred.
An accusation of sexual battery can end up being an aggravated charge and lead to years in prison, so you should make sure to have an attorney on your side. With the aid of an Atlanta sexual battery lawyer from Rafus Law, you can mount your defense and protect yourself from penalties.
Depending on the circumstances of your case, you may need the experience of a defense attorney to push back against the prosecution’s efforts to convict you. Contact Rafus Law as soon as possible to get your defense started during a free consultation.
