Atlanta Sexual Assault Lawyer

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Atlanta Sex Crimes Lawyer | David Schnipper

When someone gets charged with sexual assault, the court of public opinion often convicts them immediately. Even if your friends and family don’t say it out loud, many might be thinking the worst. Complete strangers will assume you are guilty before you ever set foot in a courtroom. As much as the social stigma can impact you, the penalties you might incur from a conviction could be even worse. If you are convicted, a fine is the least of your concerns. You will likely face mandatory imprisonment and the court will force you to register as a sex offender for the rest of your life.

Whether or not you are guilty of the charges, the Constitution guarantees you due process in a court of law. You could opt for a public defender, but public defenders are overworked and underpaid, so they cannot devote the same attention to helping clients getting charges reduced or dismissed as private sex crimes attorney can.

If you have been charged with sexual assault, you need an experienced sexual assault defense lawyer to fight for your freedom and give you the best chance of a positive outcome for your case. Contact Schnipper Law today at (404) 545-5845 for a free case evaluation whether you are still in jail, have been released on bail, or are seeking an attorney for a friend or loved one.

Sexual Assault in Georgia

Sexual assault is a broad term that can encompass many different sexual allegations depending on the state in which you are charged. Under Georgia law, at least three specific charges can be considered sexual assault: rape, sexual battery, and aggravated sexual battery. Georgia also has separate laws for psychotherapists who sexually assault their patients and those in positions of authority who commit sexual assault.

Rape (GA Code § 16-6-1)

According to Georgia law, a person commits rape when forces sexual intercourse on a female or has sexual intercourse with a female under ten years old, regardless of force. For rape to occur the law stipulates that penetration must have occurred.

Those convicted of rape charges face a felony with a minimum sentence of 25 years, but might be sentenced to life. Shorter sentences require probation for life upon release from a correctional facility. Depending on the circumstances, rape can be a capital offense punishable by death in Georgia.

Sexual Battery (GA Code § 16-6-22.1)

Georgia law states that a person commits sexual battery when “he or she intentionally makes physical contact with the intimate parts” of another person’s body without consent. The law clearly defines intimate parts as “the primary genital area, anus, groin, inner thighs, or buttocks of a male or female.” Female breasts also constitute intimate parts under Georgia law.

Those charged with sexual battery face a high misdemeanor conviction, unless the victim is under age 16. In these cases, sexual battery is a felony. In both cases, a conviction carries a minimum prison sentence of one year and a maximum sentence of five years. Repeat offenders will automatically be charged with a felony.

Two differences exist between rape and sexual battery under Georgia law:

• Only men can commit rape, while both females and males can commit sexual battery.
• Unlike rape, a sexual battery charge does not require penetration.

Aggravated Sexual Battery (GA Code § 16-6-22.2)

Georgia’s statute on aggravated sexual battery covers a scenario where a person intentionally penetrates another person’s sexual organ or anus with a foreign object without consent. An aggravated sexual battery conviction is a felony that results in a minimum 25 year prison sentence, but can result in life imprisonment. Even when given the minimum sentence, those convicted will have life probation.

Sexual Assault by Persons With Supervisory or Disciplinary Authority (GA Code § 16-6-5.1)

Georgia law treats those charged with sexual assault differently when they are in a position of power. Sexual assault in this case refers to any sexual contact, whether or not penetration occurs. Scenarios which might result in the above charge include:

• Teachers, principals, or administrators who engage in sexual contact with a student at the same school
• Employees, agents, or probation officers who engage in sexual contact with a probationer or parolee under the supervision of their office
• Police and other law enforcement officers who engage in sexual contact with a person who is being detained or in custody by any law enforcement agency
• Medical professionals who engage in sexual contact with a patient in the same hospital
• Any employee at a prison or detention center, a facility providing care to those with disabilities, or a facility providing child welfare services who engages in sexual contact with an inmate or resident
• Psychotherapists who use treatment to facilitate sexual contact with a patient

Those convicted of sexual assault by persons with supervisory or disciplinary authority face a minimum of one year in prison and a maximum of 25 years in prison, and/or a fine of up to $100,000. If the victim is under age 16, the minimum jail sentence is 25 years with a 50-year maximum.

Get The Best Defense, Contact Schnipper Law Today 

Sexual assault is a serious charge in Georgia which comes with immense professional and social consequences on top of formal punishment from the court if convicted. Hiring an experienced Atlanta sexual assault lawyer is an investment in your future, and might be your only chance to protect your freedom.

Our qualified defense attorneys will uncover the facts of your case and decide the best defense strategy for your situation, which might include innocence or arguing the alleged victim gave consent, except in cases involving supervisory authority. In other situations, we might be able to make procedural arguments about your arrest and charges and evidence. Each case is different, but our skilled defense team will diligently pursue the best defense strategy for your situation.

If you need legal representation after you are arrested and charged with rape or sexual battery in the Atlanta area, contact Schnipper Law at (404) 545-5845 or online for a free case evaluation to determine the best course of action for your case.