Sexual Assault Charges in Marietta

Marietta Sex Crime Lawyer on Your Side

Sexual assault is any form of sexual contact or behavior that takes place without the consent of the recipient. Such sexual contact may include forced sexual intercourse, child molestation, incest, unwanted touching, forced sodomy, incest, or attempted rape. If you have been convicted of a sexual assault crime, there are criminal defense lawyers in Marietta who are experienced in the field and may be able to help defend your case.

Types of Sexual Assault

Forced sexual conduct that does not actually involve penetration or sodomy is referred to as criminal sexual contact. Such contact involves some type of physical contact in a sexual nature, occurring without the victim's consent. This includes touching of what is considered to be the" intimate" body parts with the purpose of sexual arousal—whether it be the offender touching the victim without the victim's consent or the offender forcing the victim to touch them. The Georgia sexual assault statute also includes "aggravated sexual battery" which entails penetration of the sex organ or anus with a foreign object without the victim's consent.

When the victim of a sexual assault is a minor, it is either an instance of statutory rape or child molestation. In Georgia, statutory rape occurs when someone engages in sexual intercourse with a person under the age of 16. Child molestation occurs when the offender commits indecent acts to or in front of a child under the age of 16 with the intent of sexual satisfaction. In relation to this, another form of sexual assault is when a person of power has sexual relations with someone they hold power over. An example of this is a teacher having sexual relations with one of his or her students.

Giving Consent

A key component in sexual assault is that the victim did not give their consent when the act occurred. This can refer to the victim's refusal to partake in the act, or the inability of the victim to refuse. Such situations may include a victim who is mentally disabled, a person under the influence of drugs, alcohol or both, or someone who is unconscious.

When defending a sexual assault case, one common argument is that the act was consensual, or that the offender believed it to be at the time. Perhaps both the offender and victim were under the influence of some substance, making the offender believe that the act was consensual. The ongoing argument of "does no really mean no" can also create confusion in the offender if the victim does not respond vigorously to the offender's pursuits while engaging in the act.

Conviction and Sex Offender Registration

If sexual assault does not involve actual penetration but is just an instance of criminal sexual contact, it is often viewed as a lesser crime. This allows for offenders of criminal sexual contact to be faced with lesser punishment; typically a misdemeanor charges—as long as a weapon is not involved. If a weapon is not involved and only force was used during the assault, the offender will be facing at most a one year sentence without the requirement of going to prison. On the other hand, criminal sexual contact that results in personal injury to the victim is a felony and can result in a sentence ranging from one to seven years imprisonment.

In the United States, every state has a sex offender registration and notification program. These registries require that a sex offender register in the state they live. While registering, the sex offender is required to provide their name, address, and information about their past crimes. This information will be on the state's registry website and at least some of it will be available to the public.

Contact a Marietta Defense Attorney

Sexual assault can be a difficult topic to discuss, and we believe our experience in the area can help your case. If you have been convicted with a sexual assault charge, no matter what the degree, we might be able to help you. 

Contact a Marietta criminal defense lawyer today and find out what we can do for you!