Charged with Aggravated Sexual Battery in Georgia? Here’s What You Need to Know

Aggravated sexual battery is one of the most serious criminal charges in Georgia. If you’re facing a charge under O.C.G.A. § 16-6-22.2, the penalties are severe and the consequences are permanent. You need to understand what you’re up against and how to protect yourself—right now.

This post breaks down what the law says, what the state has to prove, and what you can do starting today to prepare a strong defense.

What is Aggravated Sexual Battery in Georgia?

Under Georgia Code §16-6-22.2, a person commits aggravated sexual battery when:

“He or she intentionally penetrates with a foreign object the sexual organ or anus of another person without that person’s consent.”

The law defines a foreign object as anything other than a person’s sexual organ. This can include fingers, tools, objects, or other instruments. The key element is non-consensual penetration with an object.

This is not the same as sexual battery or simple assault. It is a felony offense with some of the harshest sentencing provisions in the state.

Penalties for Aggravated Sexual Battery

This charge comes with mandatory minimum sentencing and lifelong consequences. If convicted, a person faces:

• 25 years to life in prison (no early release)
• Probation for life (if a split sentence is imposed)
• Mandatory sex offender registration
• Electronic monitoring (for repeat offenders)

There is no first-offender option or deferral available for this crime.

Additionally, if the accused has any prior conviction for a sexual felony, the sentence must include electronic monitoring and may be life imprisonment without the possibility of parole.

Special Rules for Victims Under 16

If the alleged victim is under 16, Georgia law adds specific guidelines:

• Consent is not a defense if the victim is under 16 and the act was committed for the purpose of sexual arousal.
• The only exception is for consensual acts between teens close in age. If the victim is at least 13 but less than 16, and the accused is 18 or younger and no more than four years older, then this subsection does not apply.

If you or someone you love falls into this age range, it is critical to explore whether this narrow exception might apply to your case.

What Happens After You Are Charged?

1. Arrest and Booking: In most cases, these charges come with a warrant. You will likely be taken into custody and may not receive a bond without a hearing.
2. First Appearance and Bond Hearing: A judge will determine whether you are eligible for bond. Due to the severity of the charge, prosecutors may push for no bond or very restrictive conditions.
3. Preliminary Hearing or Indictment: The case will move forward if a judge finds probable cause or if a grand jury issues an indictment.
4. Pretrial and Discovery: Your attorney will begin gathering evidence, challenging procedures, and determining what the state knows—and what it can prove.
5. Trial or Negotiation:  Depending on the facts, you may take the case to trial or negotiate a plea.

Common Defense Strategies in Aggravated Sexual Battery Cases

There is no one-size-fits-all approach to defending these charges. That said, experienced criminal defense attorneys may pursue strategies such as:

• Consent: In some adult cases, the defense may present evidence that the alleged act was consensual.
• False Allegations: Unfortunately, people sometimes make false claims out of anger, revenge, or confusion. Witness credibility becomes crucial.
• Lack of Intent: The prosecution must prove that the defendant acted intentionally.
• Physical Impossibility or Mistaken Identity: In cases involving forensic evidence, timelines, or alibis, a strong factual defense can be made.

In all cases, your attorney should look closely at how evidence was collected, whether your rights were violated, and whether there is any chance of pretrial dismissal or reduction.

Why You Should Never Talk to Police Without a Lawyer

Many people feel tempted to explain their side, especially if they believe there has been a misunderstanding. But remember:

“Anything you say can and will be used against you.”

Even a casual conversation can be twisted or taken out of context. In sex offense cases, where credibility is often key, it is even more dangerous.

If law enforcement wants to talk to you, your only response should be: “I want a lawyer.” Then say nothing else.

What to Do If You Are Accused

If you have been charged or believe you may be under investigation for aggravated sexual battery, take the following steps:

1. Do not contact the alleged victim. Even if you think it will help, it almost never does.
2. Hire an experienced criminal defense attorney immediately. The sooner you act, the more time your lawyer has to challenge the evidence.
3. Preserve evidence and witnesses. If there are text messages, social media interactions, or alibi witnesses, preserve them now.
4. Avoid discussing the case with anyone except your lawyer. This includes family, friends, or coworkers.

Facing Aggravated Sexual Battery Charges? Call J. Ryan Brown Law

At J. Ryan Brown Law, we take these cases seriously—because we know what’s on the line. If you’re facing a charge under O.C.G.A. § 16-6-22.2, you need a defense team that’s sharp, aggressive, and honest with you from day one.

We’ve defended clients across Georgia in high-stakes felony cases, including sex offense charges with mandatory prison time. We know how the system works, how prosecutors think, and how to fight back.

Call us today. The sooner we get involved, the more we can do to help.