Sexual Assault Defense

What penalty applies under the basic composition of Article 138?

An act of a sexual nature committed with violence, threat of violence or by using the victim's helplessness is punished by imprisonment from four to six years, with or without restriction of firearm-related rights. With aggravating features the penalty rises to six to nine years, eleven to fifteen years, and fifteen to twenty years.

When does conduct become a crime under this article?

Three conditions are required: the act is of a sexual nature and does not contain the signs of the graver crime under another provision of the Code; it was committed with violence, threat of violence or by exploiting helplessness; and the accused committed it intentionally.

What happens if the victim is a minor?

Commission knowingly against a minor moves the case to the third level — imprisonment from eleven to fifteen years — as does the use of a relationship of trust or influence. Commission knowingly against a person under fourteen years of age creates the harshest composition — from fifteen to twenty years.

Can mitigating circumstances be applied?

Article 138 itself does not describe mitigating features — the court applies the general rules of the Code at sentencing, and the circle of mitigating circumstances is defined by separate provisions. This question is worked out with a lawyer on the concrete case.

Why is a lawyer critical in these cases?

Because the penalty range is from four to twenty years, and the boundaries between levels — the fact of violence, helplessness, prior knowledge of age, cruelty — are established only through evidence. Experienced defence verifies these features on the documents, and this directly affects the outcome.

5 min·10 Jan 2026

Other acts of a sexual nature, regulated under Georgian law, constitute a serious criminal offense. While distinct from rape (which involves sexual intercourse), it carries similarly severe liability. This crime encompasses any violent act of a sexual nature committed against a person's will through violence, threat of violence, or exploitation of a helpless condition. Charges may relate to touching, sexual manipulation, or other acts that violate a person's sexual integrity. Often, the legal line between rape and other sexual acts is thin and depends on the anatomical and physiological details of the act. Therefore, precise qualification and a correct defense strategy are critically important. In cases of baseless accusations, a person faces not only imprisonment but also stigmatization and the destruction of their reputation.

What Does Sexual Assault Defense Cover?

Specialists on Legal.ge offer qualified legal assistance which includes:

Qualification Verification: Analyzing whether the charges match the factual circumstances and ensuring the crime hasn't been artificially aggravated.
Biological and Genetic Forensics: Critical analysis of DNA traces, biological material, and bodily injury expertise reports.
Psychological Expertise: Evaluating the psychological profiles and credibility of both the accused and the victim with the help of experts.
Digital Evidence Processing: Obtaining electronic correspondence, social media activity, and phone records that might prove consent or reveal a motive for the accusation.
Procedural Defense: Participating in investigative actions, identification procedures, and court hearings.

Common Situations and Scenarios

Sexual assault charges often arise in complex social situations:

Workplace Relations: When workplace hierarchy or corporate parties become the scene of an incident, and the defense must prove the act was not violent.
Family Disputes: Conflicts between family members or relatives where an accusation is used as leverage during property or other disputes.
Misinterpretation: Physical contact that one party perceived as friendly or flirtatious, while the other perceived it as sexual violence.
Lack of Evidence: Cases where there are no traces of physical injury, and the accusation relies solely on the victim's verbal statement.

Georgian Legal Framework

The Criminal Code of Georgia clearly distinguishes other acts of a sexual nature from rape, though penalties for both are severe. The law provides for imprisonment. Aggravating circumstances include acts against a minor, a pregnant woman, or crimes committed by a group. The rights of the accused are protected by the Constitution, implying the presumption of innocence. The defense's task is to present an alternative version and refute the prosecution's evidence beyond a reasonable doubt.

Step-by-Step Service Process

Collaboration with a lawyer involves:

Consultation and Strategy: Reviewing case materials and selecting defense tactics (right to silence, cooperation, or active defense).
Investigation Stage: Filing motions to obtain evidence and conducting investigative experiments.
Trial: Presenting the case before a judge or jury and fighting for an acquittal.

Why Choose a Specialist on Legal.ge?

Working on sexual offense cases requires specialized knowledge and high professional standards. On Legal.ge, you will find lawyers experienced in such sensitive cases. They ensure your protection even under public pressure and fight for a fair outcome.

Updated: 29 Oct 2026

Legal basis:

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