One moment, you’re a respected professional. Next, you’re facing criminal charges that could destroy your career and land you in prison. Someone has accused you of inappropriate sexual contact while in a position of authority.
The stakes couldn’t be higher. Your freedom, your reputation, and your future are all on the line.
What happens if you’re charged with sexual assault by an authority figure in Georgia? The answer involves serious felony charges with enhanced penalties designed specifically for violations of professional trust.
What Happens if You’re Charged with Sexual Assault by an Authority Figure in Georgia?
You can face serious criminal charges under O.C.G.A. § 16-6-5.1 for “Improper Sexual Contact by Employee, Agent, or Foster Parent.”
If you’re charged with sexual assault by an authority figure in Georgia, this isn’t just a workplace issue – it’s a serious sex crime that can result in felony charges, prison time, and lifetime registration as a sex offender.
Here’s what you need to know immediately:
You’re facing potential first-degree felony charges if accused of “sexually explicit conduct” with someone under your authority, carrying 1-25 years in prison and up to $100,000 in fines.
You could face second-degree charges for “sexual contact” (less than sexually explicit), which are typically misdemeanors but can become felonies under certain circumstances.
Consent is not a defense under this statute – even if the alleged victim was willing, the law prohibits sexual contact between authority figures and those under their care.
You’ll likely face sex offender registration requirements if convicted, affecting where you can live, work, and travel for life.
Understanding the Charges Against You
Who Falls Under This Law
The statute applies to a broad range of authority figures:
Employees and Agents working in various capacities, including schools, healthcare facilities, correctional institutions, mental health facilities, and sensitive care facilities.
Foster Parents who provide care and supervision for children in their homes.
Persons in Positions of Trust who have agreements with parents or guardians to provide education or supervision of minors.
What Constitutes the Crime
First Degree Offenses involve “sexually explicit conduct” which includes:
- Sexual intercourse
- Oral or anal sex
- Touching of sexual organs for sexual gratification
- Other conduct defined under Georgia’s sexual exploitation statutes
Second Degree Offenses involve “sexual contact” excluding sexually explicit conduct, such as:
- Inappropriate touching over clothing
- Sexual touching that doesn’t rise to the level of sexually explicit conduct
- Other forms of sexual contact short of explicit conduct
The Relationship Requirement
The law requires that you were in a position of authority over the alleged victim, such as:
- Teacher-student relationships
- Healthcare provider-patient relationships
- Counselor-client relationships
- Foster parent-foster child relationships
- Correctional officer-inmate relationships
What are the Penalties?
First Degree Charges
Standard sentence: 1-25 years in prison and up to $100,000 in fines
Enhanced penalties: If the victim was under 16, you face 10-30 years in prison
Severe enhancement: If the victim was under 16 and the act caused physical injury or involved sodomy, you face 25-50 years in prison
Second Degree Charges
Standard sentence: Misdemeanor of a high and aggravated nature (up to 12 months and $5,000 fine)
Enhanced penalties: If the victim was under 16, you face 5-25 years in prison and up to $25,000 in fines
Repeat offenses: Second conviction becomes a felony with 1-5 years in prison
Additional Consequences
Sex Offender Registration – requires lifetime registration with quarterly reporting.
Professional License Loss – teaching certificates, medical licenses, counseling licenses, and other professional credentials will be revoked.
Employment Restrictions – you’ll be barred from working with vulnerable populations, in schools, healthcare facilities, and many other settings.
Housing Restrictions – sex offender registration limits where you can live, often prohibiting residence near schools, parks, and other areas where children gather.
How These Cases Typically Begin
Authority figure sexual assault cases often start with complaints from alleged victims or their families to supervisors, administrators, or law enforcement.
Many begin through mandatory reporting by other professionals who learned of the allegations, while others result from internal investigations by employers that lead to criminal referrals.
Some cases are initiated through anonymous tips to authorities or hotlines, making it difficult to know the source of the allegations.
The Impact on Your Life
You’ll face immediate job suspension and loss of professional licenses. Finding employment becomes extremely difficult, and reputation damage can never be fully repaired.
Family relationships suffer as relatives struggle with allegations and social stigma. Friends and community members distance themselves, creating social isolation.
Financial devastation results from legal fees, lost income, and potential lawsuits. The stress often leads to depression, anxiety, and suicidal thoughts.
FAQs
What if I’m innocent?
Innocent people get charged with these crimes. The burden is on the prosecution to prove guilt beyond a reasonable doubt, but you need experienced legal representation to protect your rights.
Can I still work while charges are pending?
You’ll likely be suspended or terminated immediately. Even if charges are later dropped, returning to work in your field may be impossible.
Will this affect my family?
Yes, significantly. Your family may face harassment, financial hardship, and social stigma. Children may be bullied at school or removed from your care.
Can I negotiate these charges?
Experienced attorneys can sometimes negotiate reduced charges or alternative resolutions, but it depends on the specific facts and the prosecutor’s policies.
What about civil lawsuits?
You may face civil lawsuits seeking monetary damages in addition to criminal charges. These are separate proceedings with different standards of proof.
How long do these cases take?
Sex crime cases can take months or years to resolve. The investigation alone can take several months before charges are filed.
Will I have to register as a sex offender?
Most convictions under this statute require sex offender registration, which has lifetime consequences for where you can live and work.
Can I teach or work with children again?
Generally, no. Even if you avoid conviction, employers in education, healthcare, and child care will likely refuse to hire you.
What if the alleged victim recants?
Even if the accuser recants, prosecutors may still proceed with charges. Recantations are often viewed skeptically by prosecutors and juries.
Why These Cases Are Different
The Stakes Are Higher
Authority figure cases carry enhanced penalties because they involve breaches of trust. Society expects professionals to maintain appropriate boundaries with those in their care.
The Evidence Is Complex
These cases often involve:
- Professional relationship dynamics
- Power imbalances
- Institutional policies and procedures
- Professional standards of conduct
The Prosecution Is Aggressive
Prosecutors take these cases seriously because they involve vulnerable populations and violations of trust. They often seek maximum penalties.
The Defense Is Challenging
You need an attorney who understands:
- Professional licensing issues
- Institutional policies
- The specific statutory requirements
- The enhanced penalties involved
Don’t Let One Accusation Destroy Your Life
An accusation of sexual assault by an authority figure can end your career and destroy your life. But an accusation is not a conviction.
At J. Ryan Brown Law, LLC, we understand that good people can find themselves facing these serious charges. Whether the allegations stem from misunderstandings, false accusations, or overzealous prosecutions, we’re here to fight for you.
Your life isn’t over. These charges are serious, but they’re not insurmountable. With proper legal representation, you can protect your rights and fight for your future. Contact us today.
Author Bio
J. Ryan Brown
Founder
Ryan Brown is a Georgia criminal defense lawyer and trial attorney dedicated to defending the accused in Newnan and across the state. A graduate of Georgia State University College of Law, he has argued cases in Georgia Superior Courts, the Court of Appeals, and the Georgia Supreme Court. His memberships in the Georgia Association of Criminal Defense Lawyers and the Bleckley Inn of Court reflect his standing in the legal community.
Known for his relentless approach, Ryan is committed to protecting clients from the full power of the State. He builds strategic, fact-driven defenses designed to secure the best possible outcome, no matter the charge. When your future is on the line, Ryan Brown has the skill, experience, and determination to fight for you in court.
