Cobb County Man Arrested Day After Alleged Sexual Assault

Cobb County police arrested Kendal Chaves, a 34 year old man, who has been accused of forcing his way into a home and sexually assaulting a woman inside.

According to reports, the victim opened the front door to see who was knocking, and Chaves forced his way into the home. He is facing the following charges:

• Burglary in Georgia
• Aggravated Sodomy in Georgia
• Aggravated Assault in Georgia
• And Battery in Georgia.

In today's post I will outline the offense of aggravated sodomy.

Aggravated Sodomy in Georgia

In order to properly explain aggravated sodomy, as a Georgia Sex Crimes Lawyer, I must first go over the legal definition of sodomy in Georgia. According to the Georgia Code in O.C.G.A. §16-6-2 as:

A person commits the offense of sodomy when he or she performs or submits to any sexual act involving the sex organs of one person and the mouth or anus of another.

Sodomy is classified as a felony. If convicted of sodomy, then the convicted individual will be punished by imprisonment for no less than one year, but more than twenty years.

Aggravated Sodomy in Georgia is defined by the Georgia Code in O.C.G.A. §16-6-2 as:

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.

Aggravated sodomy is the heightened offense from sodomy. The offense of aggravated sodomy is classified as a felony. If convicted of aggravated sodomy in the state of Georgia, then the convicted individual 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.

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.

Practice Note

As I have mentioned many times before - and nearly every time I cover a story regarding a sex crime, sex crimes are highly stigmatized. This means that the majority of the time, people who are accused of committing a sex crime are not given a fair chance because people regard them as guilty from the moment of the accusation or the arrest.

Here at Lawson and Berry, we understand that just because someone has been accused of committing a crime does not mean that he or she is guilty. An arrest is not a conviction.

If you or a loved one has been arrested for a sex crime in Georgia, contact a Georgia Sex Crimes Attorney today. We can offer your case the best defense.