If you are arrested for Sexual Battery, please do not make any statements to the police. You will be brought over to court the following day after your arrest and a Magistrate Court judge will consider bond.

A person commits the offense of sexual battery when he intentionally makes physical contact with the intimate parts of the body of another person without the consent of that person.

How does the law define intimate parts? It is defined as the primary genital area, anus, groin, inner thighs, or buttocks of a male or female and the breasts of a female.

The intent to do the act is a question of fact for the jury to decide.

If you believe you had consent, then this is an affirmative defense. The issue at trial will be whether the child consented to the contact. In Georgia, traditionally, children under the age of 16 cannot consent to sexual acts.

However, in State v. Watson, this changed in sexual battery cases. The Georgia Supreme Court held that the offense of sexual battery was not actually a sex crime as it does not require sexual contact. All that is required is physical contact with the intimate body parts of the child.

In State v. Watson, the Court held that the language of the sexual battery statute had the potential to criminalize all sorts of innocent conduct.

The Supreme Court concluded that if the State of Georgia was not required to prove that the act was committed without the child’s consent, then every day activities could subject a person to criminal liability. Thus, actual proof of the child’s lack of consent would be required.

If you are arrested for Sexual Battery in Cobb County, please give us a call at 404-581-0999.