Is It Actually A Sex Crime?

Sex Crimes In Georgia: 3 Things You Need To Know Atlanta Criminal Defense

Sex crimes are taken very seriously in Georgia, both at the State and Federal level. Are you already a Registered Sex Offender, or are you facing sex crime charges currently? According to 18 U.S.C. § 2246(3), sexual contact is defined as the intentional touching either directly or “through the clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person”. In order to be found guilty the government must prove beyond a reasonable doubt that:

1. The defendant knowingly had sexual contact with the victim;
2. The sexual contact was without the victim’s permission; and
3. The offense was committed in a place within a federal jurisdiction.

Notice the complexities here. Did the accused person “knowingly” have sexual contact with the victim? Did the victim explicitly give permission? Just because a victim doesn’t verbally say “No” does not mean that the victim has given consent. In many cases the victim may fail to verbalize the refusal, such as when there is a language barrier between the victim and the accused or if the victim is too frightened to actively resist.

The State is required to prove that the victim did not consent to the sexual contact in order to convict the accused. If you or a loved one is facing a sex crime charge, call the Law Office of Lloyd J. Matthews today at (404) 642-7350! We can assist you and will be happy to do so.