Atlanta’s Most Successful Sex Crimes Lawyers

If you have been charged with sexual assault, statutory rape, or other sexual offenses, you need legal advice from a criminal defense attorney urgently.

Georgia has some of the most severe sex crime laws in the U.S. Few sex crimes are misdemeanors, and most of them have harsh mandatory minimum prison sentences. Beyond a prison sentence that stretches potentially decades (or life imprisonment), a conviction means you will also be required to register as a sex offender. Being on the convicted sex offender registry prevents you from living or working within 1,000 feet of schools, parks, and other places where children congregate.

Contact our Atlanta sex crimes lawyers as soon as you know that someone is accusing you of a sex crime. You can start with a free consultation, and we’ll review your case and help you understand how we can use our skills and experience to fight the charges against you.

You may want to know more about the charges you’re facing while you’re waiting to hear from your sex crimes attorney. While the information below does not constitute legal advice, it may give you a better understanding of what to expect. You’ll learn what to do first when accused of sex crimes in the state of Georgia, find out what offenses are considered sex crimes, and get answers to common questions.

What Do I Do When Accused of Sex Offenses in Georgia?

When you have been accused of sex offenses in Georgia, your first act should be to contact an attorney to represent you. This is the best course of action in all circumstances.

The earliest actions you take after you have been accused of a sex crime can have a major impact on how the rest of your case plays out. You’ll likely feel driven to protect your reputation by reporting your side of events to the police as soon as possible. You may even think that staying silent makes you look guilty.

However, speaking to police before you’ve spoken to a lawyer will not help you clarify your innocence. You may be shocked by the tactics that police can legally use during interrogations. They are allowed to lie to you and may be more interested in getting you to say something that sounds incriminating than listening to what you have to say.

By hiring one of our lawyers first, you can be represented when you are being questioned. A lawyer will be able to tell you what questions you should answer and what questions you are not required to answer.

While waiting to hear back from our criminal defense lawyers, you should not discuss any incident related to your accusations or charges with anyone.

How do you fight sex crime charges in Georgia?

Our law office has extensive experience with Georgia sex crime cases. Fighting these cases often requires aggressive strategies. Sex crime defense lawyers often focus on the quality and validity of the evidence. They may highlight illegal behavior by law enforcement or challenge the credibility of witnesses.

The appropriate defense will depend on the charges you face and other factors, such as whether this is your first offense. Contact our offices for a consultation if you want more accurate information about facing your charges.

Common Types of Sex Crimes Charges

Most sex crime charges are serious, but you may not understand what all types of charges mean. Below, you can find a more complete explanation of various sex crime charges that are commonly leveled in Georgia. The descriptions below do not constitute legal advice.

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 emails sent to a minor
Texts containing pornographic images of a minor
Using the Internet to arrange a sexual meeting with a minor

Rape

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 must prove that the defendant knew 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.

Child Molestation

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.

Child Pornography

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.

FAQs About Sex Crimes

Defending against a sex crimes charge requires a strategic and meticulous approach, as these cases often hinge on the alleged victim's testimony and may lack physical evidence. Given the potential for severe consequences, a skilled attorney can build a powerful defense by focusing on several essential areas.

1. Challenging Allegation Reliability and Accuracy
To begin, an attorney must scrutinize the circumstances surrounding the allegations, seeking any factors that could impact their credibility. This involves evaluating the relationship between the alleged victim and the defendant, any past conflicts, and potential biases or motivations that could influence the charges. Family dynamics, workplace or social conflicts, and other relationship factors may shed light on the context behind the allegations, allowing the defense to provide a fuller, clearer picture of events.

2. Developing a Strong Evidence-Based Defense
A critical part of defending against sex crime allegations is gathering evidence that directly contradicts the alleged victim's account. Establishing an alibi or using records, like GPS data, surveillance footage, or witness testimony, to show that the defendant could not have been involved in the alleged incident can undermine the prosecution’s case and support the defendant’s credibility.

3. Leveraging Expert Testimony
Expert analysis plays a significant role in challenging the reliability of the alleged victim's account. Forensic experts in psychology, memory science, and forensic interview techniques can reveal the limitations of human memory and the effects of suggestion. These experts may highlight inconsistencies in the alleged victim's statements, raising questions about accuracy and potential external influence, which can strengthen the defense.

4. Demonstrating Defendant Character and History
Character evidence is also crucial. A defense team may present the defendant’s history, conduct, and reputation to illustrate that the allegations are inconsistent with their character. Showing a lack of prior misconduct or presenting positive aspects of the defendant’s character can support the argument that these allegations do not align with who the defendant is as a person.

By strategically addressing these elements and presenting a comprehensive, evidence-based defense, a dedicated attorney can challenge the prosecution’s case and advocate for justice. For more information on defending against sex crimes charges, please visit our Sex Crimes page.

Georgia imposes stringent mandatory minimum sentences for serious sex crimes, with limited discretion for judges to adjust sentencing, underscoring the state's strict approach to punishing these offenses

1. Rape
• Mandatory Minimum Sentence: 25 years in prison.
• Governing Code Sections: O.C.G.A. § 16-6-1 and § 17-10-6.1.
• Details: For individuals convicted of rape, the minimum sentence is 25 years, with potential for life imprisonment or even the death penalty in extreme cases. This sentence cannot be reduced, suspended, or deferred.

2. Aggravated Child Molestation
• Mandatory Minimum Sentence: 25 years in prison.
• Governing Code Sections: O.C.G.A. § 16-6-4(c) and § 17-10-6.1.
• Details: For aggravated child molestation involving victims under 16, a mandatory minimum of 25 years applies. If the offense results in physical injury to the child, parole eligibility may be severely limited or eliminated.

3. Child Molestation
• Mandatory Minimum Sentence: 5 years for a first offense, 10 years for a second or subsequent offense.
• Governing Code Sections: O.C.G.A. § 16-6-4 and § 17-10-6.2.
• Details: A first conviction for child molestation requires a minimum of 5 years in prison, while a second conviction carries a minimum of 10 years. Sentences cannot be reduced or suspended under these statutes.

4. Aggravated Sexual Battery
• Mandatory Minimum Sentence: 25 years in prison.
• Governing Code Sections: O.C.G.A. § 16-6-22.2 and § 17-10-6.1.
• Details: Convictions for aggravated sexual battery require a minimum of 25 years without eligibility for parole, highlighting the serious nature of this offense.

5. Sexual Battery
• Mandatory Minimum Sentence: 1 year in prison for a second conviction of sexual battery. No mandatory minimum for a first offense of sexual battery.
• Governing Code Sections: O.C.G.A. § 16-6-22.1 and § 17-10-6.1.
• Details: Sexual battery is a misdemeanor if the victim is 16 or older and there are not prior convictions for sexual battery. Otherwise it is a felony that carries 1 to 5 years.

6. Statutory Rape
• Mandatory Minimum Sentence: 1 year in prison for offenders under 21. 10 years in prison for offenders 21 and over.
• Governing Code Sections: O.C.G.A. § 16-6-3(b) and § 17-10-6.1.
• Details: If the victim is at least 14 but less than 16 years of age and the person convicted of statutory rape is 18 years of age or younger and is no more than four years older than the victim, such person shall be guilty of a misdemeanor.

7. Possession of Child Pornography
• Mandatory Minimum Sentence: 5 years.
• Governing Code Sections: O.C.G.A. § 16-12-100(b)(8) and § 17-10-6.1.
• Details: Each image or video can carry up to 20 years in prison, with potential consecutive sentences for multiple counts, resulting in significant cumulative prison time.

Sex Offender Registration for most sex crimes
• Mandatory Requirement: Most sex crimes require lifetime registration as sex offender.
• Governing Code Sections: O.C.G.A. § 42-1-12.
• Details: Registration often has lifetime implications on residency, employment, and other civil liberties.

Many sexual offenses have a seven-year statute of limitations in Georgia. This limit applies to many of the most common offenses, including statutory rape and aggravated sexual battery. In most cases, the time limit begins when the offense is committed. However, for many crimes against children, the limit does not start until the crime is discovered.

In Georgia, O.C.G.A. § 42-1-15 outlines specific restrictions on where registered sex offenders can live, and work. Here are the primary restrictions set forth under this statute:

1. Residence Restrictions

Prohibited Locations: Registered sex offenders are prohibited from residing within 1,000 feet of certain places where children are commonly present. Specifically, they cannot live within:
A child care facility (defined as a licensed daycare or preschool)
A school (public or private K-12 institutions)
A church (places of worship, such as temples, synagogues, or churches)
Areas designated for the use and recreation of children, which includes public parks, playgrounds, and recreation facilities
Exception for Pre-existing Residences: If an offender established a residence prior to July 1, 2008 or a restricted facility moves within 1,000 feet an offender established a residence (e.g., a new school or daycare is opened near the offender’s home), the offender may continue living there.

2. Employment Restrictions

Prohibited Locations for Employment: Registered sex offenders cannot work or volunteer within 1,000 feet of:
A child care facility
A school
A church
Areas designated for the use and recreation of children (Only applies to offenders classified as to Sexually dangerous predators by the Sexual Offender Risk Review Board)
Exception for Employment Prior to Registration: If an offender was employed at a location before being required to register as a sex offender or before a restricted facility was established within 1,000 feet of their employment, the offender may continue working there.

3. Measuring Distance: The 1,000-foot distance is measured in a straight line from the edge of the offender's property to the edge of the restricted property's property line.

4. Exemptions

Residence or employment established prior to July 1, 2008: If an offender established a residence or employment prior to July 1, 2008 the offender does not have to move or change work locations even if a restricted location is within 1,000 feet.

Residence or employment established prior a restricted location moves within 1,000 feet: If an offender established a residence or employment and then a restricted location moved within 1,000 feet, the offender does not have to move or change work locations.
Incapacitation: Individuals with severe disabilities or those who are completely incapacitated may be exempt from certain restrictions based on their condition.

Violating these restrictions can lead to felony charges and additional penalties, including potential prison time.

Rape and sexual assault are often seen as equivalent by the general public, but they mean different things to the law. Rape is covered by Georgia law O.C.G.A. § 16-6-1. This law makes it a felony to engage in forcible carnal knowledge.

There are some sex crimes that require the perpetrator to have some kind of authority over the victim when engaging in sexual contact with them. Professionals in positions of authority and trust, such as law enforcement officers, teachers, and psychologists, are examples of positions that could be abused for sexual assault.

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When you hire the law firm of Garland, Samuel & Loeb, you can rely on our Atlanta Defense Lawyers to do everything in their power to reach the best possible outcome in your case. Whether you have suffered a serious injury in an accident or are facing criminal charges, our attorneys will fight to see that your rights are protected from the start. Get started with our Criminal Appeals Contact Form.