Sex Crimes Attorney In Atlanta

Why You Should Always Aggressively Defend Against Sex Crime Charges In Atlanta:

  • The law in this area seems to favor the alleged victim, not the defendant. Although we have an entire judicial system in place that requires the state to prove the case against you, the state takes a more aggressive approach when prosecuting these cases.
  • You must aggressively and immediately defend yourself against allegations of child molestation or other sex-related crimes in Atlanta. If a defendant is properly represented, the state may not bring charges or may be unable to prove its case.
  • Even if you believe you are guilty, under the law, you may actually be innocent.
  • In some cases, the crime a defendant is charged with is unconstitutional.
  • Perhaps the state has charged you with a sex crime that does not fit your actions. It is not uncommon for the state to overcharge a defendant and attempt to get him or her to plead guilty.
  • Sometimes witnesses are unavailable or uncooperative or can be shown to be unreliable.
  • You may have a legal defense for your actions that completely exonerates you from any criminal liability.

Why You Should Hire An Experienced Atlanta Criminal Defense Attorney To Defend You In A Sex Crimes Case:

  • The Atlanta legal system has numerous rules and requirements that few nonlawyers can use effectively to their benefit.
  • Some rights and defenses are waived if not presented to an Atlanta court in a timely manner.
  • An experienced Atlanta sex crimes defense attorney who is willing to take your case to trial will help ensure the best possible result for your case.
  • Any Atlanta attorney can go to court and plead a client guilty. An effective criminal trial defense attorney would never allow a client to accept a plea agreement unless the case has been thoroughly researched and investigated.
  • An Atlanta attorney who understands and appreciates the bench trial and jury trial processes will be a more effective advocate for the protection of your rights.
  • Quality legal representation is less expensive than you think.

Overview Of Georgia Sex Crimes Laws

Under Georgia law, there are several types of sex-related crimes. Examples include rape, sodomy, aggravated sodomy, statutory rape, child molestation, aggravated child molestation, enticing a child for indecent purposes, sexual assault, bestiality, necrophilia, public indecency, prostitution, keeping a place of prostitution, pimping and pandering.

Sex crimes against children include child molestation and aggravated child molestation. Child molestation is defined as performing any indecent or immoral act on or within close proximity of a child under 16 while intending to satisfy the desires of the victim or the offender. This crime becomes aggravated when the conduct harms the child's body or includes some form of sodomy.

Georgia law also makes it illegal to entice children for indecent reasons and to sexually exploit children. A person illegally entices a child when he or she propositions, lures or transports a child to a location to molest the child or to perform acts that are deemed to be indecent.

Sexual exploitation of a child involves using, persuading, inducing, enticing or coercing any minor to participate in explicit behavior of a sexual nature to generate some visual depiction. Additionally, it is illegal for a person to generate, duplicate, dispense, encourage, convey or own with the intention of conveying or dispensing any visual depiction of a child involved in such conduct. The same law also makes it illegal to possess such material.

Georgia law also provides criminal penalties for unlawful sexual acts against adults. For instance, sexual battery is committed when the offender intentionally makes contact with the intimate parts of another person without consent. This crime becomes aggravated when a foreign object is intentionally used. The crime of aggravated sodomy occurs when an offender commits a sexual act involving the sex organs of one person and the mouth or anus of the other. Lastly, rape is committed when a nonconsensual penetration of the female sex organ by the male sex organ occurs.

Defending Against Sex Crimes In Atlanta

Defending against sex crime allegations is often a complicated and lengthy endeavor.

Among the first steps is to examine the statements made by the alleged victim or witnesses for any inconsistencies and the circumstances under which the statements were made. Inconsistent statements or failure by law enforcement to follow standard protocol in attaining statements is an indicator that an allegation is false. Children are exceptionally prone to suggestibility and coercion by adults or other children. Police officers or social workers not trained in the practice of interviewing children often extract statements that are exaggerated or purely fabricated. The way questions are phrased may lead to inaccurate responses. In many cases, these statements may be taped and offered to a jury for its consideration.

Defense counsel should also investigate the backgrounds of people involved in a case. The purpose of a background investigation is to search for any motive or explanation as to why the allegations were made. For example, it is not unheard of during a heated divorce for there to be false allegations of molestation. Allegations of molestation are often made by an adult with grievances toward another adult. In fact, there are times when a witness's testimony regarding a child's out-of-court statements is simply too unreliable, and a judge will not allow a jury to hear it. In the case of alleged adult victims, the social and legal history of the alleged victim will be examined for any red flags. Accusations are often made based on embarrassment, jealousy or other emotions when no crime has been committed.

Medical evidence is another common issue raised at trial. With many sex crime allegations, a medical report is produced. It is important for a defense attorney to interview any treating physicians or nurses if possible, because a medical report may lack important information. Factors such as timing, the degree and type of damage, and physical evidence must be compared with the allegations. An expert witness may be needed to show that the allegations do not match the medical evidence or that the evidence is benign in nature.

It is important to remember that false allegations can and do lead to convictions. That's why it is absolutely necessary to hire an experienced criminal defense attorney who will defend your rights and fight for your interests. If you have been accused of molestation or a sex crime, Kevin J. Pratt & Associates may be able to help.

The information provided above is a general summary of Georgia sex crime laws at the time this text was prepared. Because this analysis is subject to change depending upon recent cases and legal developments, you should not rely on this summary as legal advice. As with any important legal question, you should always consult an Atlanta lawyer licensed to practice in your jurisdiction. Our criminal defense lawyers are licensed to practice in all state and federal courts in Georgia.