Aggravated sodomy carries one of the most significant sentencing ranges of all the crimes in Georgia. Like all sex crimes the evidence in these cases is typically scant for the prosecution. They often rely on testimony of children, but have no physical evidence at all. It is rare that there is physical evidence like DNA, fingerprints, hair, or anything else. Many times plea recommendations from the state in these cases are so high that a trial is almost inevitable. Unless you successfully get the charge lowered or dismissed you are looking at decades in prison.
The Law - O.C.G.A. § 16-6-2
A person commits the offense of aggravated sodomy when he or she commits sodomy with force and against the will of the other person or when he or she commits sodomy with a person who is less than ten years of age. The fact that the person allegedly sodomized is the spouse of a defendant shall not be a defense to a charge of aggravated sodomy.
What Does the Law Mean?
First, what is sodomy (without the aggravated part). Legally, sodomy is any act oral sex or anal sex. So, a male performing oral sex on a female and a female performing oral sex on a male are both considered sodomy. In Georgia, consensual sodomy used to be illegal, however, in 1998 Georgia's Supreme Court ruled that insofar as O.C.G.A. §16-6-2(a) criminalizes the performance of private, unforced, non-commercial acts of sexual intimacy between persons legally able to consent, manifestly infringes upon a constitutional provision which guarantees to the citizens of Georgia the right of privacy. So, consensual, unforced oral or anal sex in the privacy of a home, not for the exchange of money, between people legally able to consent (of age) is legal. But, it is still ver much so possible to commit aggravated sodomy.
There are two ways to commit aggravated sodomy.
1. A person commits aggravated sodomy when commit sodomy with force and against the will of the other person.
Example: A man forces a woman at gun point to perform oral sex on him.
2. A person commits aggravated sodomy when they commit sodomy against a person under ten (10) years of age, regardless of force.
Example: A person performs sodomy on a child under the age of ten.
Sentencing - How Much Time Can I Get?
If you or someone you love is convicted of aggravated sodomy, then they face two possible sentencing options.
1) life; or
2) twenty-five to life, followed by probation for life. . If sentences under this provision the sentence must be split. A split sentence simply means that the defendant must be permitted to serve some of the sentence on probation. For example, a person convicted could be sentenced to life on probation to serve fifty years in prison.
Aggravated sodomy is not parole eligible except for client's serving a life sentence. If serving a life sentence, then the defendant would be eligible for parole after thirty years.
Aggravated Sodomy is one of the seven deadly sins in Georgia and your defense is absolutely critical. If you are facing an aggravated sodomy charge, then you are facing serving the rest of your natural years in the state prison system. So do not hesitate. Contact us today and schedule a consultation with Ryan so we can get started on your defense.