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Sex Offenses
The crimes discussed on this page are the most commonly committed sex offenses in Georgia. Sex crimes involving minors are considered some of the worst offenses, and the General Assembly has routinely increased punishment for these offenses down through the years. It is very difficult for any member of the legislature to vote against increasing the punishment for child molestation and similar offenses. After all, what politician wants to be accused of being soft on pedophiles? If your friend or family member has been accused of one of these crimes, you must understand that a proactive approach is crucial. Taking the “wait and see” attitude virtually guarantees that the Defendant is going to prison. We need to gather evidence quickly and uncover as much information as possible about the complaining witness, the social setting in which she (or he) made the accusations, and the pressures and influences in the child's life.
Rape: In Georgia the crime of rape is defined as having “carnal knowledge” of a female forcibly and against her will or when the female is less than ten years old. Any penetration is sufficient to sustain a rape conviction. Since July 1, 2006, the minimum sentence is 25 years in prison with no probation, parole, or other early release and the balance of the offender’s life on probation. A convicted rapist must also register as a sex offender. The maximum penalty is life imprisonment without parole.
Sodomy consists of the performance of a sexual act involving the genitals (sex organs) of one person and the mouth or anus or another. Although private, consensual sodomy performed by adults is now lawful, all other cases of sodomy can still be prosecuted.
Aggravated sodomy is sodomy committed with force and against the will of the victim. Like rape, aggravated sodomy carries a minimum punishment of 25 years in prison, lifetime sex offender registration, and lifetime probation.
Statutory Rape charges can be brought when a person is accused of engaging in sexual intercourse with a person under the age of sixteen to whom he/she is not married. If a person convicted of statutory rape is 21 years of age or older, the range of punishment is from ten to twenty years in the penitentiary. This means that a 21-year old who performs sexual intercourse with a 14-year old is facing a minimum sentence of fifteen fewer years in prison than if he (or she) had engaged in oral sex with the minor. If the person convicted is between 18 and 21 years of age, the punishment is one to twenty years in prison. Registration as a sex offender is also required. If the victim is between 14 and 16 years of age and the defendant is under age 18 and no more than four years older than the victim, the offense is a misdemeanor.
Child molestation involves the commission of any “immoral or indecent act” to or in the presence of a child under the age of 16 years with the intent to arouse or satisfy the sexual desires of the child or the defendant. As with statutory rape the offense is a misdemeanor if the victim is between 14 and 16 years of age and the defendant is under age 18 and no more than four years older than the victim. Otherwise, a first offense is punishable by five to twenty years in the penitentiary with registration as a sex offender. A second conviction for child molestation carries a punishment of ten to thirty years in prison or life imprisonment.
Aggravated child molestation involves either an act of sodomy or physical harm to the child. The minimum punishment is 25 years in prison, the balance of the person’s life on probation, and registration as a sex offender, unless the victim is between 13 and 16 years old and the defendant is under age 18 and no more than four years older than the victim. In that case, the offense is a misdemeanor.
