If you or a loved one is facing sex crime charges, preparing a solid defense is mandatory. The penalties for a sex crime in Georgia can be severe and include prison time, hefty fines, and consequences that can follow you around for the rest of your life. To help you fight these charges, our sex crime attorneys can help you understand the common sex crime defense strategies in Georgia.
Sex Crimes in Georgia
Georgia takes sex crimes very seriously and has a long list of what defines a sex crime in the state. These can include:
- Rape
- Statutory rape
- Sexual assault
- Child molestation
- Child pornography
- Indecent exposure
- Prostitution
According to Georgia’s 2024 crime statistics, there were 3,353 rapes — a serious issue with severe consequences. If you’ve been accused of a sex crime, it’s crucial to work with a criminal defense lawyer experienced in sex crime cases to build a strong defense strategy.
Common Sex Crime Defense Strategies
There are a few common defense strategies for sex crime charges. These might be:
- Issue of consent. Because most sexual acts between two consenting adults are legal, presenting evidence of consent can be a strategy for some types of sex crimes. This can also be difficult to prove, especially if power dynamics are at play.
- Lack of intent. This would involve arguing that the accused was confused or made a mistake. To prove this requires examining the circumstances surrounding the event from both sides. Character witnesses could also be useful in this situation.
- Statute of limitations. In Georgia, the statute of limitations for a sex crime is generally four years from the day it occurred. This is extended for certain crimes, including sex crimes involving a minor. The statute could also be paused under certain circumstances, such as the victim being out of state or incapacitated.
- Internet sex crime defense. Because hackers are prevalent, a possible defense for an accused internet sex crime could be that someone used your Wi-Fi or router to commit the act.
- An alibi. Proving that you were not present on the date that the event occurred could be a solid defense strategy because you would have been unable to commit the crime.
- Misidentification. It isn’t uncommon for people to get confused. Eyewitness testimony and witness lineups may not be as reliable as other types of evidence.
In order to prepare a defense strategy, your sex crime attorney will need to hear your side of the story and understand every facet of the case. Don’t wait to contact a sex crime defense lawyer to help you develop a solid strategy.
Hire a Sex Crime Defense Lawyer
Because there is so much at stake, it is vital to hire a sex crime defense lawyer. They have a deep understanding of Georgia sex crime laws and are able to help you build a solid defense that applies to your specific situation.
Sex crime attorneys are also able to provide the following services:
- Offer sound legal advice
- Help protect your rights
- Analyze the circumstances surrounding your accusation
- Interview forensic experts and eyewitnesses
- Prepare a defense that applies to your accusation
- Negotiate on your behalf, either to minimize the charges or to enter a plea bargain
- Represent you in court across Georgia from McDonough to Jackson
- File an appeal, if necessary
To find out how a sex crime defense lawyer can help you, contact us. We can lend you an empathetic ear and experienced legal advice to help you navigate your next steps.
FAQs
What Is the Juliet Law in Georgia?
Georgia has enacted the Juliet Law to help protect minors from severe consequences of sex crime convictions. If the victim is at least 14 years old and the accused is 18+, with no more than a four-year gap between the two, then they’ll be guilty of a misdemeanor and not a felony. The Romeo and Juliet law exists to protect teenagers who engage in sexual conduct with their peers from having severe consequences that impact the rest of their lives.
What Can Sex Offenders Not Do in Georgia?
Registered sex offenders in Georgia have strict restrictions that address where they can live and where they can work. They cannot live within 1000 feet of a school, childcare facility, church, park, or other places where minors might be located. They are also not allowed to volunteer or work at those places. Employers are required to do background checks to ensure these laws are followed. They also may not participate in trick-or-treating and cannot decorate their houses to entice children.
What Is the Coercion Defense in Georgia?
In Georgia, the coercion defense means that the person charged wouldn’t be guilty of the crime because they were threatened with physical harm or death. This defense doesn’t apply as an offense against murder, but in sex crimes, it can. Committing the crime under duress could mean that you have a solid defense. This defense requires proof. If you’re able to provide proof, then the prosecution must be able to prove that you weren’t under coercion beyond a reasonable doubt.
What Evidence Is Needed to Convict a Sex Offender?
The evidence needed to convict a sex offender involves proving they are guilty beyond a reasonable doubt. Physical and forensic evidence can be very useful in these types of cases to prove that the accused wasn’t the one who carried out the act. Digital proof might also be useful, which could include texts, video, and photos. Witnesses of the event, expert testimony, and other types of testimony could also be useful forms of evidence.
Contact Miller North & Brill Today
Our firm, Miller North & Brill, was founded in 2011, and we have successfully represented those accused of sex crimes since then. We have an in-depth understanding of how to build a solid strategy using defenses founded in the legal system. Because every sex crime case is different, we have the ability to specifically tailor our experience to your charges.
If you or a loved one is facing a sex crime charge, it is vital to have fierce representation. We are here to help you.
Contact our office today to schedule a consultation.