Our autism spectrum disorder attorneys were recently able to get all criminal charges dismissed for an autistic young man in Georgia who had been charged with public indecency for allegedly masturbating in a public park. This case is a perfect example of why understanding why an offense happened can be just as important as the law itself. While our client was technically guilty of the crime, his offense was the result of his mental health condition and unresolved trauma, not malice or the typical reasons why people engage in public indecency.
Like many autistic adults, our client had been doing many things right before his arrest: he was in his late 20s, worked full-time, lived alone, and managed most of his daily responsibilities with only occasional help from his mother and other family members. That said, his autism shaped how he processed emotions and understood social norms. Our client was cognitively like someone half his age.
Leading up to his arrest, our client had suffered the loss of both his father and grandfather — the two people he was closest to in the world. Though he did not outwardly show it, this loss was overwhelming for him, and, because of his autism, he struggled to process it. In addition to these tragic circumstances, our client had been experiencing bullying in the neighborhood he lived in. This led our client to seek refuge in unfamiliar places, including a public park one day, where he was seen masturbating in a secluded pavilion.
The arrest was devastating. Our client lost the steady job he had held for several years, his confidence collapsed, and he was suddenly facing the possibility of a permanent criminal record that could follow him for the rest of his life. Not to mention, the prosecutor took an aggressive position that our client had posed a danger to children, even though there were no children around when he was seen at the park.
We knew that in cases involving autism, the justice system often doesn’t see the full picture. Many prosecutors, judges, and juries do not understand how autism can affect behavior — including traits like difficulty interpreting social cues, challenges regulating emotions, and differences in sensory processing. Without context, an autistic defendant’s actions may be seen as deliberate misconduct instead of the result of their condition.
That’s why we arranged for our client, who had already been diagnosed with autism at an earlier age, to be evaluated by a psychologist who has specific experience evaluating autistic defendants in criminal cases and presenting expert testimony to prosecutors and judges. The evaluation confirmed what we already suspected: our client’s conduct on the day of his arrest was directly tied to his autism and unresolved trauma, not any predatory or antisocial intent.
We met with the prosecutor and presented the expert’s evaluation, along with a detailed explanation of our client’s history, his mental health challenges, and the trauma he had recently endured. We argued that this was not a case for harsh punishment, but rather for treatment and understanding. To their credit, the prosecutor listened. The State agreed to pause the case while our client completed therapy and counseling. Once he did, all the charges were dismissed, and our client’s record was sealed.
Today, our client has secured a new full-time job, reconnected with his family, and is optimistic about his future. This was more than just a legal win — it was a turning point in his life. As criminal defense attorneys for autistic individuals, we are proud to fight not only for dismissals, reduced sentences, and probation, but also for solutions that improve our clients’ lives.
If you or a loved one is autistic and facing criminal charges, read more about our autism spectrum disorder cases such as this case result involving an autistic defendant. Then contact us. The earlier we get involved, the better your chances for a fair outcome — and a future worth fighting for.
