Have you Been Charged with Aggravated Sodomy in Georgia?
Sex crimes carry negative connotations, and many people believe a defendant is guilty from the beginning. Lawson and Berry and their team of Georgia Sodomy Attorneys understand that a charge is not the same as a conviction and that everyone deserves to be treated fairly. Contact us today for a free case evaluation. Our sodomy lawyers in Georgia have over 50 years of combined experience in criminal law so let our experience work for you.
Georgia Law on Aggravated Sodomy
O.C.G.A. §16-6-2(b) states 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.
With regard to young children, ten and under, the amount of evidence necessary to prove force against a child is minimal. The Court cannot presume force just because the victim is underage but there only has to be a small showing of force. However, the Court has found that a five-year-old child cannot consent to any sexual act and sexual acts directed to such a child are, in law, forcible and against their will. Cooper v. State, 256 Ga. 631, (1987).
Bond for Aggravated Sodomy
In most cases, the magistrate court has the authority to set a bond. However, in cases involving aggravated sodomy, only a superior court judge can set the bond. As a result, bond will not be automatically set after an arrest. Your Georgia Aggravated Sodomy Lawyer must file a motion for bond in Superior Court. Unfortunately, it can then take several weeks to get a hearing before the Superior Court. During this time, the accused will remain in jail until there is a hearing. Your Aggravated Stalking Sodomy in Georgia can also seek a consent bond through negotiations with the District Attorney assigned to the case. If the DA agrees to bond, then that consent bond order can be presented to a Superior Court judge without having to wait on a hearing date.
Georgia Case Law
A court found a defendant guilty of aggravated sodomy when he forced a girl to submit to a sexual act with him. Evans v. State, 266 Ga. App. 405, (2004). The defendant owned two houses where the 14-year-old victim would stay with her Aunt who had a child with the defendant. The defendant would force the victim to have sex with him almost every day. On multiple other occasions, he placed his penis in her mouth. She told the defendant she did not want to have sex with him, but the conduct continued anyways. During the trial, the Court found there was sufficient evidence demonstrating that the defendant forced the victim to have oral sex with him. Therefore, he was convicted of aggravated sodomy.
Penalty for an Aggravated Sodomy Conviction in Georgia
A person convicted of aggravated sodomy shall be punished by a life term in prison or by a split sentence that is no less than 25 years and no exceeding life in prison, followed by probation for life. They will be guilty of a felony.
In addition to prison or a fine, a defendant convicted of aggravated sodomy in Georgia is required to register as a sex offender. Georgia's General Assembly found that the State has a compelling interest in protecting the public from sexual offenders and in protecting children from predatory sexual activity. Therefore, the State requires sex offenders to register and provide the public notice of the presence of sex offenders.
The consequences of being convicted of aggravated sodomy in Georgia are severe and far-reaching. Our Georgia Sex Crime Attorneys understand the impact a conviction will have on you and want to help minimize the penalties. Let our more than 50 years of experience work in your favor!
Georgia Defenses for an Aggravated Sodomy Charge
It was not against their will: Any evidence of consent from the victim could help our Attorneys get your case dismissed.
There was no force: If there is proof that force was not used in any way that would be beneficial to your case. Contact one our Lawyers to talk about how to demonstrate this.
Mistake of Age: Aggravated sodomy can occur with a person who is less than ten years of age. If the Court is incorrect about the age of the victim, then you should seek to correct the error and potentially ask for a lesser charge.
What are not Defenses
The victim was the wife of the defendant: The statute states that even if the person allegedly sodomized is the spouse of the accused, that will not be a defense.
There was no penetration: Penetration is not an element of sodomy or aggravated sodomy. There just needs to be some contact to sustain a conviction.
There was no physical force: The term force in the statute includes mental coercion as well as physical force. Therefore, even if there was no physical force, a defendant can still be convicted of aggravated sodomy if there was mental coercion. Brewster v. State, 261 Ga. App. 795, (2003). Further, threats and intimidation can also satisfy the statute for force.
A conviction for a sex crime carries significant penalties now and throughout your future. Don't try to represent yourself and risk subjecting yourself to the consequences. Let Lawson and Berry and their team of experienced Georgia Aggravated Sodomy Attorneys assist you with your case. Contact us from the very beginning so we can start preparing the best defense. We are here for you nights, weekends and holidays. Our Georgia Aggravated Sodomy Attorneys don't think you should have to wait until the next business day to get an answer. We are here whenever you need us.