Aggravated Sexual Battery Defense
Aggravated Sexual Batter is another one of Georgia's seven deadly sins. It goes without saying that that means the stakes are high, the punishments can be lengthy, and your defense is critical.
Just like all sex crimes there is an element of he-said-she-said to many aggravated sexual battery cases. Like many of those cases there is likely no physical evidence (depending on when the crime is reported), there is likely no documentary evidence - meaning videos or pictures, and it may simply be your word against the word of your accuser.
In today's world accusations outside of the courtroom can be devastating. In fact, accusations of sexual misconduct has brought down numerous celebrities in recent years and even threatened the appointment of now Supreme Court Justice, Brett Kavanaugh.
These folks didn't fight their allegations alone and neither should you.
Aggravated Sexual Battery Law - O.C.G.A. § 16-6-22.2
A person commits the offense of aggravated sexual battery when he or she intentionally penetrates with a foreign object the sexual organ or anus of another person without the consent of that person.
As I always do, let us start by explaining what some of the most important words in this law mean. Particularly, "foreign object." O.C.G.A. § 16-6-22.2(a) defines foreign object as any article or instrument other than the sexual organ of a person. Foreign object is one of the phrases that I so often see people surprised by. The number one thing people do not realize is that in Georgia, for the purposes of aggravated sexual battery, a finger is a foreign object.
Another word that is very important in this code section is "penetration." In Georgia even the slightest penetration is sufficient under the law to be convicted of aggravated sexual battery. I have heard penetration, as defined legally for sexual offenses, described as enough penetration to break the surface of water. Literally the slightest possible penetration.
This is a prime example of where law enforcement will trick people into admitting a very serious crime. For instance, an interview during an investigation into sex crimes may go something like:
Investigator: You had sex with that girl, didn't you?
Suspect: No, I swear I didn't - I did not have sex with her.
Investigator: Well you at least put your finger inside of her didn't you, I mean maybe not sex, but you at least did that.
Suspect: No, well maybe, Ok, yeah, just barely though.
Assuming there was no consent, this suspect has just admitted to aggravated sexual battery.
Penalties for Aggravated Sexual Battery
A person convicted of the offense of aggravated sexual battery shall be punished by imprisonment for life or by a split sentence that is a term of imprisonment for not less than 25 years and not exceeding life imprisonment, followed by probation for life.
A defendant convicted of aggravated sexual battery is not eligible to be sentences as a first offender. Further, the defendant will not be eligible for parole until and unless they have served at least thirty years. Meaning, if they are sentenced to do twenty-five, then they must serve every single day of that twenty-five and will then be on probation for life. Furthermore, the defendant will be required to register as a sex offender as this is considered a dangerous sexual offense. shall be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7.