Crimes involving sexual abuse are treated very seriously by law enforcement in Georgia. Any accusation of unwanted sexual contact could lead to hefty fines, a lengthy prison sentence, and registration as a sex offender.

While it is important to take any sex abuse charge with utmost seriousness, you should remember that an accusation is not a conviction. You have the right to present a defense, and an experienced sex crimes attorney could help. A Carrollton sexual abuse lawyer could evaluate the severity of the situation, explain the penalties you might face, and assist with preparing a defense strategy.

Improper Sexual Contact

State law describes an array of circumstances that may constitute sexual abuse. One of the newer crimes of this nature enacted by Georgia’s lawmakers is found in Section 16-6-5.1 of the Georgia Code. This statute makes it illegal for an authority figure, such as a teacher or parole officer, to have sexual contact with someone they have supervisory authority over, such as a student or parolee. This statute also applies to psychotherapists, hospital personnel, foster parents, and any other form of authority figure.

Someone may face charges in the first or second degree, depending on the level of sexual contact. Accusations of sexual intercourse and other sexually explicit contact under these circumstances are treated more severely than less invasive contact, such as touching someone’s intimate parts over their clothes.

Anyone charged with sexual abuse under this statute in any degree should contact a lawyer in Carrollton. The penalties for a conviction in the most serious situations (where the victim is under 16, and the act either injures the victim or involves sodomy) can be up to 50 years in prison and a fine of up to $100,000.

Other Forms of Sexual Abuse

Improper sexual contact is just one of many sex offenses. What most sexual abuse charges have in common is the criminalization of sex-based actions perpetrated against someone who has not (or cannot) consent. Many offenses of this nature—including rape, incest, child molestation, aggravated sexual battery, improper contact, and enticing a child for indecent purposes—are felonies punishable with state prison sentences and the requirement to register as a sex offender.

Some offenses, like sexual battery, can be either felonies or misdemeanors, depending on the circumstances. Any charge of sexual abuse in Carrollton is potentially life-altering, and someone facing these charges could benefit from meeting with an experienced defense lawyer as soon as possible.

Defending Against Sexual Abuse Charges

Innocent people may face accusations of sexual abuse and other sex crimes. False accusations can occur when someone misremembers what happened, who did it, or even makes things up out of anger or with a motive to get the accused out of their lives. Defenses may be available against allegations of sexual abuse, including:

  • Consent (not always available, depending on the statute)
  • Mistaken identity
  • Lack of physical evidence
  • Tainted evidence
  • Fabricated allegation
  • Police misconduct
  • Coerced confession

Getting advice from a Carrollton sexual abuse attorney about when and how to raise appropriate defenses can help avoid an unjust conviction.

Romeo and Juliet Exceptions

The Romeo and Juliet exception describes circumstances where an alleged victim is between 14 and 21 years old, and the alleged perpetrator is 21 years old or younger but no more than 48 months older than the victim. This law treats the offenses as a misdemeanor instead of a felony because of the fact that defendant and victim are close to one another in age.

Contact a Carrollton Sexual Abuse Attorney for Help

Regardless of the circumstances that have led to sexual abuse allegations being leveled against you, you have the right to defend yourself and tell your side of the story. This task may be nearly impossible without assistance from a skilled defense attorney.

Your freedom and reputation are at stake, but a Carrollton sexual abuse lawyer could help. Call today for a consultation.

 

J. Ryan Brown Law, LLC

J. Ryan Brown Law, LLC
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