Georgia Child Molestation Defense Lawyer

Whether in society or in prison, child molesters are considered the lowest of the low. The legal consequences and social stigma that come from sexually abusing a child are enough to destroy anyone's life. For those who have been falsely accused of child molestation, facing these consequences can be terrifying. However, if you or a loved one has been wrongly charged with child molestation, the Berry Law Group will stand with you. We know from experience that innocent people are frequently accused of the most heinous crimes. But an accusation does not equal guilt, and the Berry Law Group has experience defending against unfounded sex crimes charges.

What Is Child Molestation Law in Georgia?

Georgia law (O.C.G.A. 16-6-4) states that child molestation has occurred when a person “does any immoral or indecent act to or in the presence of or with any child under the age of 16 years with the intent to arouse of satisfy the sexual desires of either the child or the person” or “by means of electronic device, transmits images of a person engaging in, inducing, or otherwise participating in any immoral or indecent act to a child under the age of 16 years with the intent to arouse or satisfy the sexual desires of either the child or the person.”

A conviction for a first offense of child molestation carries a sentence of five to twenty years in prison, counseling, and registration as a sex offender. A second or subsequent conviction will result in anywhere from ten years to life in prison and mandatory sex offender registration.

There is an exception where child molestation can be reduced from a felony to a misdemeanor charge. This applies if the victim is at least 14 years old and the perpetrator is 18 years old or younger and no more than four years older than the victim.

What Is Aggravated Child Molestation in Georgia?

A person is guilty of aggravated child molestation when “such person commits an offense of child molestation which act physically injures the child or involves an act of sodomy.” (Under Georgia law, sodomy can involve both anal and oral sex.)

A conviction for aggravated child molestation carries a sentence of 25 years to life in prison followed by probation for life and mandatory sex offender registration. However, if the victim was at least 13 years old and the perpetrator was 18 years of age or younger and no more than four years older than the victim, and the basis for the charge of aggravated child molestation involved an act of sodomy, the perpetrator will be guilty of a misdemeanor rather than a felony.

Georgia Child Molestation Defenses

While it is important to take allegations of child abuse seriously and thoroughly investigate them, accusations should not automatically be treated as fact. There are many reasons why false allegations may be made, whether by a child or by another adult. Effective defenses include:

The incident in question never occurred:

The most straightforward defense is that the incident(s) in question never took place – the molestation was made up. It may seem unlikely that a child would invent a scenario involving graphic sexual abuse. In fact, children – especially very young children – are often not the ones who come up with false allegations. There have been many cases of parents involved in bitter divorces or custody disputes coaching their children to allege abuse. It may seem hard to believe that a parent would subject his or her child to this type of trauma and manipulation. However, there are unscrupulous people who have done exactly that.

Spurious allegations are also made by children at times, especially those who have been abused or molested in the past. Innocent foster parents are routinely accused of abuse by troubled children or angry biological families. This is not to say that molestation does not occur in the foster system or that abused children should be met with doubt or scorn. Rather, each case must be examined on its own merits and approached without bias on either side.
False accusations are made for a variety of reasons, from a desire for revenge to mental instability. In the past, well-meaning (and not-so-well-meaning) child advocates, medical professionals and psychology enthusiasts have promoted theories that served to create modern day witch hunts. The daycare abuse panic of the 1980s and the “recovered memory” movement of the 1990s are instructive in how this may occur. These cases serve as a reminder that investigations must be based on fact rather than emotion or public pressure.

Contact occurred, but it was not inappropriate:

Just because a parent or caregiver touches a child in a private area, this does not make them guilty of child molestation. (If it did, almost all parents would be guilty.) Changing a diaper, giving a bath, or taking a temperature does not equal abuse. The touching must be “immoral or indecent” and involve “the intent to arouse or satisfy the sexual desires of either the child or the person” to qualify as a crime.

There is no evidence:

Our justice system allows everyone the presumption of innocence until proven guilty. It is the burden of the prosecution to prove guilt beyond a reasonable doubt. If there is no real evidence that you have committed a crime, you should, ideally, be found not guilty. A good sex crimes defense lawyer will vigorously pick apart a case based on circumstantial evidence or questionable witnesses.

Georgia Child Molestation Non-Defenses

While there are many potential defense strategies for a false charge of child molestation, there are also a few that will not hold up in a court of law. These include:

There was consent:

In the state of Georgia, and throughout the country, it has been established that a child does not have the capacity to consent to sexual activity. If you have sexual contact with someone under the age of consent (16 years), it does not matter what the child said or did. You are guilty of a crime. However, recently enacted “Romeo and Juliet laws” allow those who are close in age to their victims to face lighter penalties.

I didn't know the age of the child:

Child molestation is a strict liability crime, meaning it does not matter whether you knew the age of the victim. The fact that sexual contact with a minor occurred is enough to establish guilt. At most, if it can be shown that you reasonably believed the minor to be an adult, it may be possible to mitigate your punishment

No physical contact occurred:

Georgia law makes it clear that child molestation does not have to involve physical contact. It may involve an “immoral or indecent act to or in the presence of” (emphasis added) a child. So performing a sexual act in front of a child “with the intent to arouse of satisfy the sexual desires” or yourself or the child is prohibited. (This does not include situations in which a child walks in on his or her parents during sexual activity – there must be intent to arouse or satisfy sexual desire as a result of the child's presence.)

In addition, the law states that electronically transmitting an image of a person engaging in child molestation can make a person guilty of child molestation in their own right.

Child Molestation Lawyers That Fight!

If you have been falsely labeled a child molester, you may feel hopeless and isolated. But you are not alone. The Berry Law Group is dedicated to defending the wrongly accused. We will do everything in our power to clear your good name and protect you against an unjust prosecution. Contact us today for a free consultation and let us be your advocate.