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Sex Crimes
Kim Stephens • September 26, 2016
Consent and Sex Crimes
Stephens & Brown , Athens Georgia’s premier DUI and criminal defense law firm , welcomes University of Georgia , University of North Georgia , Athens Technical College , and Piedmont College students back to Athens . Continuing in our series of blogs intended to help new and returning students in Athens understand and navigate the legal system, today’s blog will focus on consent and laws concerning sexual conduct, and sex crimes . If you have questions about academic concerns/ student conduct hearings , DUI laws or other local and state laws regarding alcohol consumption , you can access Student Legal Services Series 1: DUI here ; Series 2: Alcohol Laws and Local Ordinances, here ; and Series 3: Academic Concerns, here .
Remember, if you are charged with a crime or asked to meet with school administrators about alleged crimes, it is essential that you hire an attorney who can provide you with a powerful defense and protect your future. Kim Stephens defends students every day against false or inflated accusations, winning in court, and preventing incidents from impacting students’ education and lives beyond college. He is a nationally ranked defense attorney and has successfully litigated hundreds of cases.
Consent:
While in college and beyond, it is important to understand the meaning of consent as it relates to sexual activity in order to avoid hurting someone, committing sexual assault, and facing charges that could permanently impact your reputation, freedom, and well-being. The University of Georgia defines consent (via their EOO website) as “Words or actions that show a knowing and voluntary willingness to engage in mutually agreed-upon sexual activity. Consent cannot be gained by force, intimidation or coercion, by ignoring or acting in spite of objections of another, or by taking advantage of the incapacitation of another, where the respondent knows or reasonably should have known of such incapacitation…Past consent does not imply present or future consent. Silence or an absence of resistance does not imply consent. Minors under the age of 16 cannot legally consent under Georgia law.”
In other words, before engaging in sexual activity you need to be certain that:
- The other person has clearly indicated that they want to have sex or engage in sexual acts with you. Remember you should NEVER attempt to coerce or convince an individual to do something they are unsure about or don’t want to do.
- You have consent for each encounter. Just because a person has consented to sex previously does NOT mean that you have the right to engage in sexual activity without their ongoing and clear consent.
- The other person is not intoxicated or under the influence of drugs. An intoxicated person, or a person who is incapacitated because of medication, CANNOT legally consent to sex or sexual activity.
- That the person is over the age of sixteen. Remember that nobody under the age of 16 can consent to sexual activity. Even if you are only one or two years older than the individual and have a relationship with them, any sexual activity (including kissing) could still be considered a crime.
Sex Crimes:
You should be aware of the following laws and regulations regarding sexual activity in Georgia:
- If you touch someone in a sexual manner without their consent—for example, slapping buttocks or touching intimate areas of their body—you can be charged with sex crime such as sexual battery or even aggravated sexual battery . See O.C.G.A. 16-6-22.1 and 16-6-22.2.
- If you have sex with an individual under the influence of alcohol or drugs, you can be charged with rape , aggravated sexual battery , sexual battery , and other serious criminal charges, even if you were also intoxicated. See O.C.G.A. 16-6-1, 16-6-22.1 and 16-6-22.2.
- If you have any kind of sexual contact with someone under the age of consent (16), you may be charged with child molestation , aggravated child molestation , statuary rape , sexual battery , aggravated sexual battery , and/or enticing a child for indecent purposes . See O.C.G.A. 16-6-3, 16-6-4, 16-6-22.1, 16-6-22.2 and 16-6-5.
- Students, particularly male students, are being expelled by UGA and other colleges and universities based upon accusations of sexual misconduct , where both students involved were under the influence of alcohol or drugs at the time, WITHOUT A HEARING to determine the truth of the accusation.
Remember if you are accused of any crime involving sexual misconduct , it is vitally important that you hire an attorney to help you defend the accusations and protect your future.
IF YOU HAVE BEEN CHARGED WITH A CRIME OR ARE FACING A STUDENT JUDICIARY HEARING, CALL
KIM STEPHENS TODAY FOR PROFESSIONAL ADVICE AND A POWERFUL DEFENSE.
706.548.3933
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Stephens & Brown , Athens Georgia’s premier DUI and criminal defense law firm , welcomes University of Georgia , University of North Georgia , Athens Technical College , and Piedmont College students back to Athens . The fall is an exciting time in Athens, with students returning to the city, and football season just around the corner. Former Bulldog All-American and criminal defense attorney Kim Stephens encourages incoming students to study, work hard, have fun, and be careful to avoid being arrested and forever branded as a criminal.
The Supreme Court of Georgia has made an important decision regarding the State’s use of a person’s right to refuse a DUI breath test as evidence in that person’s DUI trial . Elliott v. State , originally a 2015 Georgia DUI case , made it before the Supreme Court of Georgia. In a unanimous opinion, the Court held that when a person refuses to submit to a chemical test of his or her breath, the fact that they refused testing cannot be used against the accused at trial. Prosecutors should no longer be able to comment on a person’s refusal or motive to refuse testing. Judges will no longer instruct juries that they should presume a person was under the influence of alcohol merely because he or she refused to take a state breath test. The Georgia Supreme Court has now officially recognized that a person has a constitutional right to refuse a DUI breath test .
Stephens & Brown , Athens Georgia’s premier DUI and criminal defense law firm , welcomes University of Georgia , University of North Georgia , Athens Technical College , and Piedmont College students back to Athens and encourages students to learn about the state laws and ordinances in Athens to avoid criminal charges while studying here. The fall is an exciting time in Athens, with students returning to the city, and football season just around the corner. Former Bulldog All-American and criminal defense attorney Kim Stephens encourages incoming students to study, work hard, have fun, and avoid being arrested and forever branded as a criminal. Remember, if you are charged with a crime or asked to meet with school administrators about alleged crimes, academic dishonesty, or other violations of your school’s Honor Code, it is essential that you hire an attorney who can provide you with a powerful defense and protect your future. Kim Stephens defends students every day against false or inflated accusations, winning in court, and preventing incidents from impacting students’ education and lives beyond college. Students should be aware of the following state laws and local ordinances:
On July 1, 2018, Georgia’s distracted driver law takes effect. This new law prohibits drivers in the State of Georgia from using wireless communication devices including cell phones and tablets/Ipads in any manner other than through a hands free accessory, i.e. Bluetooth technology.
Our Athens attorneys showed their appreciation for local medical workers with breakfast this week. The offices at Prince and King are located right next door to Piedmont Hospital in Athens, and we see the hardworking doctors, nurses, technicians, and staff every day, as well as the employees of the many other medical offices located on Prince Avenue. To show our appreciation for the work they do, our attorneys and staff provided breakfast and coffee outside our office on Tuesday morning. Criminal defense attorney, Kim T. Stephens , personal injury attorney Blaine Norris , and divorce attorney Michael S. Brown enjoyed meeting our local medical professionals, sharing food, and yes, a few bad lawyer jokes. We are thankful to all those who serve in the medical profession and want to express our appreciation to them this week and every week.
Underage DUI: If you are under the age of twenty-one and drive any vehicle after consuming alcoholic beverages, you may be charged with DUI. Even if you are lucky enough to avoid a DUI charge, your driver’s license would likely be suspended if you are charged with MIP while driving. Don’t put yourself or others at risk. Walk (preferably with a friend so that you won’t be a good candidate for being robbed or mugged), call a sober friend, have a designated driver, take a cab, or let Uber help you.
10 Traffic Laws You Probably Didn’t Know Existed You can be pulled over for going the speed limit. No left-lane cruising! Georgia law requires drivers in the left lane on a highway, interstate or expressway to move over if a faster car approaches from behind. You have to move over one lane for garbage trucks. Under Georgia’s “Move-Over Law,” drivers must move over one lane for all types of emergency vehicles stopped on the side of the highway including police cars, HERO units, ambulances, fire trucks, and even garbage trucks. If heavy traffic will not allow you to move over, the law says you should slow down to 10 miles per hour below the speed limit. It’s illegal to use the center lane to merge into traffic. The center “turn lane” cannot be legally used for any purposes except to make a left turn… hence, the name: “turn lane.” Drivers must enter the center lane 300 feet or less from the location where they will turn left, per Georgia law. You cannot wear headphones in both ears while driving. If your car speakers are broken or you use headphones to talk on the phone, you’ll have to settle for one ear or the other. You can wear a headphone in one ear but not both. NO open alcoholic containers in the car, period. Neither the driver nor the passenger can have an open alcoholic beverage. NO part of your tag can be obstructed from view. Tag frames and tinted covering of tags that obstruct any portion of the tag are illegal in Georgia. Don’t get pulled over for something as silly as concealing your tag. You can get a DUI on a horse. Yes, a horse. Bicycles, utility carts, golf carts, tractors, lawnmowers, horses and other things that transport you are classified as vehicles for certain purposes in Georgia. Law enforcement officers in Georgia have arrested people for DUI while driving all of these items. It will be interesting to see if “hoverboards” and Segway type devices will be classified as vehicles for DUI purposes. If it is raining and you don’t have your headlights on, you are breaking the law. Georgia law requires car headlights to be turned on when it’s raining. Drivers must turn on headlights when driving in the rain. Having automatic lights that don’t turn on during a storm is not a defense; ensure that you manually turn them on each time it rains. If all the traffic lights go out at an intersection, the law requires drivers to treat it as a four-way stop. Please be aware of this requirement during this stormy time of year. Finally, and most importantly, IT IS ILLEGAL TO TEXT OR DO ANYTHING ELSE WITH A MOBILE PHONE WHILE DRIVING A VEHICLE OTHER THAN MAKING OR RECEIVING A CALL – EVEN IF THE CAR IS STOPPED. Understand this, a driver cannot use any wireless communications device to write, send, or read any text based communication, including but not limited to a text message, instant message, e-mail, social media platform, or any other internet data unless legally parked off the roadway. PS- Watch out! In other states, such as California, it is illegal to answer or make phone calls with a handheld device… meaning you must use a Bluetooth or hands-free device only.
We are now settled in our new location at the corner of Prince and King. 1143 Prince Avenue has undergone extensive renovations, and has been lovingly restored to its former glory. We are just waiting for our sign to be completed– the one in the picture here is temporary.
Have you been arrested and charged with a crime? Nationally ranked defense attorney Kim T. Stephens explains the truth behind many myths and preconceptions people have about arrests.
