Palmer v. State

Smith, Presiding Justice.

The appellant, Robbie E. Palmer, was convicted of sexual assault against persons in custody under OCGA § 16-6-5.1. We reverse.

The appellant was a juvenile probation officer in Whitfield County who was assigned to monitor a fourteen-year-old female probationer. Although Mr. Palmer had consensual sexual relations with the probationer on two occasions, he was only charged for an incident that occurred in January 1989.

The appellant contends that his conviction under OCGA § 16-6-5.1 (b) should be reversed because the term “in the custody of the law,” as applied in the…