Common sexual offenses in Georgia are as follows: rape, statutory rape, sodomy, aggravated sodomy, child molestation, aggravated child molestation, enticing a child, public indecency, prostitution, pimping, pandering, incest, sexual battery, aggravated sexual battery, child pornography and online solicitation.
A conviction for any of these charges on the felony level will result in the convicted person being placed on the sex offender registry. The sex offender registry is a public list shows the name and address of the convicted person as well as listing the sex offense for which they have been convicted.
Most above the above-mentioned charges also carry lengthy prison sentences as a possible consequence. Rape, aggravated sodomy, aggravated child molestation and aggravated sexual battery are sexual offense in Georgia that carry a possible sentence of life in prison without the possibility of parole. A person accused of rape in Georgia is also at risk for being sentenced to the death penalty.
Some sexual offenses carry a mandatory minimum sentence. A mandatory minimum sentence is a required amount of time in custody or on probation that is mandated by law. If a person is convicted of a sex offense in Georgia that carries a mandatory minimum sentence, the sentencing judge is required to give that person at least that minimum amount of time in custody or probation. For example, any person convicted of rape or aggravated child molestation will be sentenced to at least twenty-five years in prison because of the mandatory minimum sentence requirement. That time in custody must be served day-for-day with no possibility of parole, probation or early release.
Recent developments in Georgia law have made “downward departures” from mandatory minimum requirements a possibility, but this is only a possibility if the defense and the prosecution agree that such a departure from the usual course of the law is warranted. Even then, the judge presiding over the case must still approve the negotiated deviation from the mandatory minimum requirement in cases where a downward departure is sought. A much more common route in avoiding mandatory minimum prison terms that come with many sex offenses in Georgia is to try and get the prosecutor to agree to a plea deal on a reduced charge that does not carry a mandatory minimum requirement.
If you or a loved one is ever accused of a sex offense in Georgia, seek the assistance of an attorney, like a professional Decatur criminal lawyer, immediately.
Thanks to our friends and contributors from Andrew R. Lynch, P.C. for their insight into sex offenses cases.