Oral and anal sex are not illegal in the State of Georgia when these acts involve consenting persons in private settings. You can be charged with sodomy, however, if you engage in anal or oral sex in a public setting or with a person who has not consented to intimate relations with you, including cases of marital rape.
ABOUT SODOMY IN GEORGIA
Sodomy laws have a discriminatory connotation because of their history. Prior to 2003, sodomy laws in Georgia targeted those engaging in anal or oral sex, even in private and/or consensual settings.
Today, however, sodomy laws in Georgia only apply to non-consensual sex acts or anal or oral sex acts that occur in public settings. Under federal and Georgia law, residents have a right to an expectation of privacy, so sodomy laws are not enforceable within private settings between two consenting parties.
While sodomy laws were used in the past to discriminate against homosexual people, today’s sodomy laws apply to heterosexual and homosexual people. Anyone, regardless of sexual orientation, can be charged with sodomy in Georgia if they are caught engaging in anal or oral sex without the consent of the other person or in a public place.
AGGRAVATED GEORGIA SODOMY LAWS & PENALTIES
In Georgia, a person commits the offense of aggravated sodomy when they:
- Intentionally perform or submit to any sexual act involving the sex organs of one person and the mouth or anus of another;
- Penetrate sexually with an object without the consent of the victim OR
- Force a person to physically participate in any sexual acts regardless of their gender.
According to Georgia law, the offense of aggravated sodomy is defined under Georgia Code Section 16-6-2.
The law states that a person commits aggravated sodomy when they:
- Willfully perform or submit to the act of sodomy with another person,
- Use force or violence to accomplish the act of sodomy or
- Sodomy is committed with a person who is incapable of giving legal consent due to being physically helpless or mentally incapacitated.
The sentencing and punishment provisions of Code Section 16-6-2 can be severe. Aggravated sodomy is classified as a felony offense. If convicted, the potential penalties include imprisonment for a term of at least 25 years, up to and not exceeding life imprisonment, or a split sentence of imprisonment and probation.
Additionally, sodomy on a minor is considered a felony offense, which carries a maximum prison term of 20 years.
DEFENDING AGAINST ALLEGATIONS OF SODOMY IN GEORGIA
Being accused of sodomy in Georgia is a serious matter that can have lasting legal and personal consequences. If you are charged with aggravated sodomy, it’s essential to seek the assistance of an experienced criminal defense attorney immediately.
A seasoned lawyer will review all aspects of your case and work tirelessly to build an effective defense strategy on your behalf. Some common defenses used against allegations of sodomy include:
Consent
As mentioned previously, Georgia sodomy laws only apply when the act is non-consensual. If you can prove that both parties willingly engaged in oral or anal sex, then this can be a valid defense against aggravated sodomy charges.
Mistaken Identity
In some cases, a person may be wrongfully accused of sodomy. If the prosecution cannot prove that it was you who committed the alleged crime, then this can serve as a strong defense in your case.
False Accusations
Unfortunately, false accusations of sodomy can occur for various reasons, such as blackmail or revenge. An experienced attorney will thoroughly investigate the circumstances surrounding the allegations to determine if there is any evidence of false accusations.
Procedural Issues
There are strict rules and procedures that must be followed by law enforcement when gathering evidence in a sex crime case. Any violations of these procedures can significantly weaken the prosecution’s case against you.
SEEK LEGAL REPRESENTATION FROM THE FRYE LAW GROUP
A person convicted of sodomy in Georgia can face severe consequences, including a lengthy prison sentence and a permanent criminal record. It’s essential to seek legal representation from an experienced and knowledgeable criminal defense lawyer who can effectively defend your rights.
At Frye Law Group, our team of skilled attorneys has extensive experience defending individuals accused of sex crimes, including sodomy. We understand the complexities of Georgia’s sodomy laws and will work tirelessly to build a strong defense on your behalf.
If you or someone you know is facing allegations of sodomy in Georgia, contact Frye Law Group today for a confidential consultation. Our dedicated attorneys will review your case and provide aggressive legal representation to protect your rights and seek the best possible outcome for your case.
For more information about sodomy laws in Georgia, contact Frye Law Group today at 770-919-9525.