Atlanta Sexual Assault Defense Lawyer

Improper sexual contact in the first degree occurs when an “employee or agent” engages in sexually explicit conduct with another person whom such employee or agent knows or reasonably should have known is contemporaneously:

• Enrolled as a student at a school of which he or she is an employee or agent;
• Under probation, parole, accountability court, or pretrial diversion supervision of the office or court of which he or she is an employee or agent;
• Being detained by or is in the custody of a law enforcement agency of which he or she is an employee or agent;
• A patient in or at a hospital of which he or she is an employee or agent;
• In the custody of a correctional facility, juvenile detention facility, facility providing services to a person with a disability, or facility providing child welfare and youth services of which he or she is an employee or agent;
• The subject of such employee or agent’s actual or purported psychotherapy treatment or counseling; or
• Admitted for care at a sensitive care facility of which he or she is an employee or agent.

The reason the statute expressly refers to “agents” is to include anyone who is not technically an employee, but someone who may be volunteering or assisting in some way. Sexually explicit conduct requires some degree of actual sexual activity, as opposed to “sexual contact” which is defined below.

The offense classified as improper sexual contact in the second degree occurs when the employee or agent engages in sexual contact with the other person – which is defined as any contact involving the intimate parts of either person for the purpose of sexual gratification of either person. Thus, the mere touching of the buttocks or breasts can constitute sexual contact.

Consent of the victim is not a defense – the only exception is if the two people are married.

Learn how to defend yourself against improper sexual contact accusations. Call (404) 577-9557 for a consultation.

Who Can be Charged with Sexual Assault?

Only specific individuals in positions of authority, as set out in the statute, can be charged with improper sexual contact.

These individuals are typically in a position of control or authority over another, such as a teacher over his or her students or a police officer over someone under arrest. The person in charge may have the right to discipline the victim, either with verbal reprimands or practical sanctions, such as expulsion from school or further incarceration.

The purpose of the statute was designed to address certain relationships where there may be a power imbalance between the parties that makes even consensual sexual contact inappropriate.