Georgia Aggravated Sodomy Defense Lawyer
What Does Georgia Consider Sodomy?
The legal definition of sodomy in Georgia is not well understood by the general public, leading some to wonder why they have been charged with aggravated sodomy. While sodomy is popularly associated with anal sex, the state of Georgia defines sodomy as “any sexual act involving the sex organs of one person and the mouth of anus of another.” Thus, both anal and oral sex are classified as sodomy.
While the state of Georgia still has a statute outlawing sodomy on the books, the Georgia Supreme Court ruled this law unconstitutional in 1998, making it unenforceable. In the past, it was often used to criminalize homosexual activity. Over the last couple of decades, however, society has generally come to accept that people should not be arrested for consensual sexual acts performed between adults in the privacy of their own homes. So while consensual sodomy is no longer prosecuted, aggravated sodomy is still very much a crime.
What Is Aggravated Sodomy in Georgia?
Georgia law states that a person is guilty 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 law specifies that being married to the victim is not a defense to this crime.
While not stated explicitly in the statute, Georgia courts have further defined the meaning of “with force and against the will.” The term “force” does not only refer to physical force. It can also mean mental coercion, involving threats and intimidation. The phrase “against the will” means without consent. This may mean that the victim said no. However, it can also mean that the victim was incapacitated due to intoxication or unconsciousness and was unable to consent. Thus, sexual assault does not have to involve a physical struggle or a victim explicitly saying the word “no.” Courts have held that threatening the victim into giving consent or taking advantage of an incapacitated person can also qualify as sexual assault.
Contact A Sodomy Defense Attorney
A conviction for aggravated sodomy carries a sentence of 25 years to life in prison. If release is gained, the offender will be on probation for life and must register as a sex offender. Living life as a publicly known sex offender, convicted of aggravated sodomy, can cast a huge shadow over your life. The restrictions that come along with registration can severely limit where you can live, work, and even socialize. It is critical that you take steps to defend yourself as early in the process as possible. At the Berry Law Group, we are dedicated to defending those wrongly accused of sex crimes. Contact us today for a free evaluation of your case and let us begin working on your behalf. Being unfairly accused of a crime is tough, but you don't have to face this fight alone.