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Senate President Pro Tempore Butch Miller, a Republican from Gainesville, recently announced legislation aimed at further protecting students from sexual assault by those entrusted with their care.
“When legislation we pass doesn’t go far enough to protect our most vulnerable citizens like students in our schools, we must address necessary changes as soon as possible,” said Miller. “This legislation will fix an oversight in our existing law and will add necessary protections for victims of sexual assault by ensuring their perpetrators can be brought to justice. I hope we can get this legislation passed and to the Governor’s desk as soon as possible during the 2020 Legislative Session.”
Under the current Georgia Code definition for improper sexual contact by employee or agent, sexual assault of a student occurs when the victim is “enrolled as a student at the school.”
This specific language was used by the Northeastern Judicial Circuit to send back a case to the state court regarding a coach who was charged with felony sexual assault. According to the decision by the circuit, the felony sexual assault charge did not apply since the accused coach “was not a teacher at the school where the student attended.”
The legislation announced by Miller will address this issue by revising Georgia code and adding “within the school district” to the existing “enrolled as a student at the school” language. School district will be defined as “any area, county, independent, or local school district.”