2022 Sex Crime Laws and Penalties in Georgia You Should Know
There's a good chance Law & Order SVU was your first introduction to the world of sex crimes in Georgia, much like Grey's Anatomy is to doctors. In reality, there's more to it. For instance, Georgia has some of the most stringent laws in the country regarding those responsible for sexual crimes.
Even if the accused is not a sexual predator, a conviction for a felony sexual offense may require them to register as one of Georgia sex offenders for life.
The societal stigma associated with being listed as a sex offender is unsettling. Almost anyone has online access to a person's name, photograph, and private information about their background or previous experiences. Add the difficulty of house hunting to the list.
To shed more light on the law and penalties of sexual crimes in Georgia, the definitions and punishments for aggravated sodomy, sexual battery, rape, and impermissible sexual contact in Georgia will be covered in this article.
Present Status Quo of Sex Crimes in Georgia
Georgia has a gender-specific rape law that only applies to male-on-female crimes. By engaging in sexual activity with a woman against her will and consent, a man commits the crime of rape, and no, this doesn't exclude a spouse.
There are numerous sexual crimes in Georgia. Depending on elements like your age, the alleged victim's gender, and which body parts were involved in the alleged sex act, you may face different sexual charges.
Formal registration as a sex offender is frequently required of anyone found guilty of a sex offense. Among the crimes that require registration as a condition of punishment are rape, child molestation, child pornography, sex trafficking, incest, and sodomy.
Different Types Of Rape Cases in Georgia
You might wonder, "Is rape a felony?", in light of news accounts of people being accused of rape and getting off with little to no punishment. Well, it is in Georgia!
According to Georgia law code 16-6-, a man having "carnal knowledge" of "a female forcibly and against her consent" constitutes rape in Georgia.
"Carnal knowledge" – what is it? It refers to the "penis' penetration of the female sex organ, the vagina. So only non-consensual penile-vaginal sex is considered rape in Georgia. Another definition of forced rape is when a male has sexual contact with a female under ten.
Here's more detail on different charges of rape in Georgia;
• Statutory rape
Logically and by law, children are unable to consent to sex formally. Even if the youngster consents to the action, anyone who has sex with a person under 16 may be charged with statutory rape. Case-in-point, a man is having sex with a ten-year-old.
Georgia's statutory rape statutes vary depending on the victim's and the offender's ages. A felony is committed when the victim is at least 14 years old, the offender is 18 years old or younger, and there is a 4-year age gap between them.
The crime cited above is still a felony but has a lighter sentence since the offender is 18 and 20 (but not more than four years older than the victim).
When a person under the age of 16 and an adult who is 21 years old or older conduct statutory rape, full statutory rape penalties are imposed. Statutory rape is a crime that can be charged against both men and women.
• Aggravated Sodomy
Sodomy refers to anal or oral sexual intercourse. It is described as buggery performed against the victim's will and under coercion involving one person's sexual organ and another person's mouth or anus (for example, anal sex or oral sex).
Therefore, if the offender engages in sodomy against a child under 10, that is considered aggravated sodomy. Adults engaging in non-commercial, consensual activity without any financial gain are not considered to be committing the felony of sodomy.
Sexual Battery
The purposeful insertion of a foreign object into another person's anus or sexual organ without that person's consent constitutes the crime of aggravated sexual battery. A finger is an example of a foreign object; for this charge, a penis is not a foreign object.
Making purposeful physical contact with another person's private areas without that person's consent is another example of sexual battery. "intimate parts" refers to a woman's genitalia, buttocks, inner thighs, and breasts.
If sexual battery is done against a person who is at least 16 years old, it is a misdemeanor violation.
Penalties for Sex Crimes in Georgia
Penalties for sexual offenses largely rest on the severity of the conduct. In the instance of statutory rape, the age difference between the parties decides the penalty for sexual crimes, such as sexual battery and rape.
The bulk of sexual assaults in Georgia also necessitate mandatory registration as a sex offender, in addition to jail time and financial penalties.
Let's dig into more details:
• Penalty for Rape
Life without parole in prison; Life in jail; Life in prison with a minimum period of 10 - 25 years and a maximum term of life on probation—no death penalty.
• Penalty for Sodomy (Felony)
1–20 years behind bars and lifetime probation.
• Penalty for Serious Sexual Battery
Life in jail; Life in prison with a minimum period of 25 years and a maximum term of life on probation
• Penalty for Sexual Assault (Misdemeanor)
First offense (misdemeanor) against a victim who is 16 years old or older, prison time of up to 12 months, and a fine of up to $5,000 1–5 years in jail for a second crime against a victim who is 16 years of age or older. 1–5 years in prison for any felony offense against a minor (under 16).
• Penalty for Statutory Rape (Felony)
At least 18-year-old offenders who are at least four years older than the victim but under 20 years old: 1 to 20 years in jail.
Offenders above the age of 21: 10 to 20 years in jail.
• Romeo & Juliet: Statutory Rape Penalty (Misdemeanor)
The victim must be at least 14 years old, and the offender must be under 18 and no more than four years older than the victim.
In such cases, a "stay away" order, probation, up to 12 months in jail, and fines.
An Experienced Sex Crimes Attorney Is The Best Defense
The testimonies of the alleged victims and the accused defendant are frequently the deciding factor in rape and sexual offense cases.
Therefore, working with a skilled criminal defense attorney in "his word against hers" cases is crucial to building solid defenses against these severe criminal charges.
If you're looking for where to get legal representation by a
sex crimes lawyer, or you feel you were wrongly
accused of a Georgia sex crime, contact Cobb Criminal Defense to secure your future, today!
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