Georgia sex crimes carry a more significant stigma than any other crime. Crimes like rape, child molestation, and aggravated sodomy also carry some of the most signficant punishments in Georgia. Sex crimes are the quintessential he-said-she-said crime.
A typical quote from an interview with a witness or accusation made by someone other than the victim may go something like, "Well I was told by so-and-so that something happened to someone, but that is all I know." It won't be long after this interview that someone is arrested and charged with a serious crime that will forever impact someone's life.
Sex crimes are often founded on accusations like the example given above with little or no physical evidence to support such allegations. Sometimes the accusations are founded on nothing but emotions. False allegations may come from those entangled in a custody dispute or even a child unhappy with being punished by a parent.
For these reasons, among others, sex crimes are considered to be some of the most defensible of all crimes.
Common Sex Crimes
There are many types of sex crimes. Some of the more common ones that we see charged in Newnan, Carrollton, Macon and beyond are listed below. Click on the links to see a more detailed discussion on each these independent crimes.
- Aggravated Sodomy
- Statutory Rape
- Child Molestation
- Aggravated Child Molestation
- Enticing a Child for Indecent Purposes
- Sexual Battery
- Aggravated Sexual Battery
Why are Sex Crimes Defensible?
To be convicted of a crime prosecutors must prove each and every "element" of a crime beyond a reasonable doubt. "Element of a crime" is a fancy way of saying each "part of crime." For instance, to be convicted of child molestation under O.C.G.A. § 16-6-4(a)(1) the government must prove several elements of the crime beyond a reasonable doubt. They include:
- The accused did any immoral or indecent act.
- The alleged act was done in the presence of a child or with a child under 16 years old
- The act was done with the intent to satisfy the sexual desire of the defendant or the sexual desires of the child.
Without proving each and every one of these three elements beyond a reasonable doubt independently you cannot be convicted.
Sex Crimes are Unique
Sex crimes are so different than other crimes. In drug cases for instance, law enforcement typically has physical evidence (like suspected drugs themselves) or testimony of an undercover officer who may have purchases drugs from a suspect.
In sex crimes, however, you can see the differences:
- There is oftentimes no physical evidence.
- It is common in sex cases that a substantial amount of time passes between the date of the alleged conduct and the time that the complaining witness makes an 'outcry' accusing the suspect of the activity.
- It is common that the accuser has a hidden motive. Whether it be familial issues, past difficulties between the parties or their families, or some other reason it is imperative that any potential reason is investigated and brought to light.
- Law enforcement, because of external media pressure, political pressure, or pressure from the District Attorney may rush to judgment and make an arrest.
Defenses to Sex Crimes
There are several defenses to sex crimes and the ones that apply on a case-to-case basis vary greatly. Some of the common defenses are:
- False Accusations
- False Witness Testimony
- Misleading Witness Interviews
- Poorly Executed Forensic Interview of Child Witness
- Mistaken Identity
- Witness Bias (this bias can come from lay witnesses, police, etc and is typically racial bias, socio-economic bias, or sexual orientation bias).
- Consent can be used as a defense in some "adult" sex crimes.
- When dealing with sex crimes involving minors, consent is not a defense because Georgia law says that someone under the age of 16 cannot consent to sexual activity.
Even if none of the particular defenses listed above apply to your case, do not fret. These are just examples. Each case deserves its own customized defense tailored to the facts of your case. This dense will develop as investigation and facts develop.
The stakes are high with sex crimes. The damage to your reputation, professional life, and personal life can be devastating following an accusation alone. It is not uncommon for the penalties to range from 25 years in prison to life in prison for one count alone. In addition, if convicted, you will likely be required to register as a sex offender for the rest of your live and live in a world where the restrictions on your freedom are exceptional.
Contact a Georgia Criminal Defense Firm Today
Ryan Brown is dedicated to accepting exclusively criminal law cases. For this reason, we are committed to defending clients across the entire state of Georgia. Our firm bucket list includes representing someone in every county in this State.
You must not fight these charges alone. Your life and your future are at stake. Don't walk into that courtroom alone, not even once. You need to hire counsel as soon you are arrested, or preferably, as soon as you even think you may be under investigation.