Advocacy in Connection with Charges Alleging Sexual Offenses
Georgia has some of the most severe penalties in the U.S. for sex crimes. Beyond decades of potential prison, a conviction means you will also be required to register as a sex offender, which prevents you from living or working within 1,000 feet of schools, parks and other places where children congregate.
Internet Sex Crimes
Internet sex crimes often involve online communication with tools such as Facebook, MySpace, Craigslist, chat rooms, e-mail and more. Examples of Internet sex crimes include:
- Child pornography
- Sexual exploitation of a minor
- Sexually explicit e-mails sent to a minor
- Texts containing pornographic images of a minor
- Using the Internet to arrange a sexual meeting with a minor
There is no uncertainty about the definition of this offense, though the prosecution can rely on different ways of proving “lack of consent.” Generally, a defendant is guilty of rape if he (almost always a man), forcibly has sexual intercourse with the victim without her consent. Frequently, rape charges are brought against a man who has sexual intercourse with a woman who is too drunk to consent, asleep, or otherwise mentally incapable of giving consent. Rape is punishable by a mandatory sentence of 25 years in prison without the possibility of parole. The prosecution is required to prove that the defendant was aware that the victim did not consent (or was incapable of consenting). In other words, one cannot commit the offense of rape accidentally, or without the intent to commit the crime.
Virtually any sexual contact with a child under the age of 16 may be prosecuted as child molestation. The defendant must commit the act with the intent to satisfy his own, or the child’s sexual urge. This “intent” is what distinguishes child molestation, from bathing a child.
Any picture that depicts a child under the age of 18 constitutes child pornography if the picture depicts the exposed genitals or breasts and involves sexually explicit nudity, sexual conduct, sexual excitement, or sadomasochistic abuse that is intended to arouse or satisfy the sexual desire of either the child or the person.