A middle aged man has been arrested this past week for allegedly raping, sodomizing, and attacking a woman.
The victim has suffered what has been described as severe significant nerve and spinal cord damage.
In today's post, and as a Georgia Sex Crimes Lawyer, I will outline the law behind one of the offenses that the suspect has been accused of committing in the story above.
Aggravated Sodomy in Georgia
Sodomy in Georgia is defined by Georgia Law 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 considered a felony offense in Georgia. A person convicted of sodomy will be punished by imprisonment for no less than one year, but more than twenty years.
Aggravated sodomy in Georgia is defined by Georgia Law 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 also a felony offense. 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.
With both sodomy and aggravated sodomy, in addition to a prison or a fine, a conviction of either of these crimes require an individual 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 through the Georgia Sexual Offender Registry.
There are many different types of sex crimes in Georgia and each one has specific elements. The complications with each law means that if someone is arrested then proper representation at court.
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