Unwanted sexual touching, such as groping or fondling, falls under sexual battery laws in Georgia. If a woman has accused you of touching her inappropriately in private, you may be concerned about what happens next. How do you defend yourself in this situation? Will the court believe this woman, or will they take your side? These are questions you should explore with an experienced sexual offense defense lawyer in Georgia.
Understand the Definition of Sexual Battery in Georgia
Sexual battery in Georgia involves the intentional, nonconsensual touching of a person’s intimate parts. Under Georgia law, intimate parts are defined as anywhere near the groin, the buttocks, the inner thighs, or the breasts of a female. Sexual battery is a misdemeanor of a “high and aggravated nature” in Georgia. If convicted, you face a maximum 12-month jail sentence and a fine of up to $5,000. Repeat sexual battery offenders face felonies and up to five years in prison.
Prosecutors Must Prove Your Guilt Beyond a Reasonable Doubt
As with all criminal charges, prosecutors must establish your guilt “beyond a reasonable doubt.” This is a relatively high threshold, and it means that a jury should not convict you if there is any doubt as to whether the sexual touching actually occurred. If the incident occurred in private with no other witnesses, prosecutors may struggle to establish guilt beyond a reasonable doubt. These kinds of “he said, she said” cases are difficult to prosecute, although not impossible.
Consider What Kind of Evidence You Might Face
If you face these kinds of allegations, consider what kind of evidence prosecutors will show the court. If the incident occurred in an elevator, for example, video footage of the incident may be available. The same might apply to incidents in parking lots, retail stores, and other public areas covered by surveillance cameras.
You do not necessarily need to present any of your own evidence in order to successfully defend yourself. If prosecutors fail to show evidence that establishes guilt beyond a reasonable doubt, this alone should be enough to secure your acquittal or dismissal of charges. That being said, some evidence in your defense might be useful, such as character witnesses.
Potential Defenses to Sexual Battery in Georgia
If you face evidence that suggests you actually committed the alleged offense, you may need to consider various defense strategies. One option is to argue that the physical contact was completely accidental. For example, you might have been reaching for an item on a shelf when a woman walked in front of you, causing your hand to come into contact with her breast. Perhaps you stumbled and fell forward before placing your hands on a woman’s buttocks by accident.
Can a Criminal Defense Lawyer in Georgia Help Me? If a woman has accused you of sexual battery in Georgia, you can take comfort in the burden of proof. That being said, you may still need to develop an effective defense strategy, even if it is “your word against hers.” To get started with a defense strategy, contact Lankford & Moore Law at (678) 753-4529.
