Marietta Child Molestation Defense Attorney

A SEXUAL ACT WITH A CHILD IS ONE OF THE WORST CRIMES SOMEONE CAN BE ACCUSED OF.

Even the accusation alone can lead to serious consequences in your personal and professional life, as well as bias on the part of your judge or jury. Read on to learn more about child molestation laws in Georgia and how hiring an attorney with experience defending these types of cases will help you if you’ve been accused.

WHAT IS CHILD MOLESTATION?

According to Georgia law, child molestation occurs when someone attempts to sexually satisfy themselves or a child under the age of 16 by committing an “indecent or immoral act”:

• to the child
• with the child
• Or in the presence of the child.

This includes transmitting images or videos of sexual acts in the attempt to sexually satisfy the child or offender, as well.

It’s important to note that child molestation charges do not allege that the perpetrator actually engaged in sexual intercourse with the child. On the contrary, any sexual act even in the presence of the child is grounds for child molestation charges.

WHAT IS AGGRAVATED CHILD MOLESTATION?

Aggravated child molestation differs from regular child molestation in that the act leads to physical injury of the child or an act of sodomy (oral or anal intercourse).

GEORGIA CHILD MOLESTATION PENALTIES

Child molestation is a felony offense. Anyone convicted of child molestation receives a sentence of prison time between 5 and 20 years for a first offense. For a second conviction, the mandatory minimum of prison time served is 10 to 30 years. While in prison, the offender will be required to engage in counseling.

AGGRAVATED CHILD MOLESTATION GEORGIA SENTENCE

When the offender engages in aggravated child molestation, he or she will face a conviction that carries a minimum sentence of 25 years in prison, but may in fact face life in prison.

Both child molestation and aggravated child molestation convictions require the convicted offender to register on the sex offender registry. Additionally, convicted child molesters can lose their professional licenses and custody of their children.

WHAT SHOULD I DO IF I’VE BEEN ACCUSED OF CHILD MOLESTATION?

Being accused of child molestation is incredibly difficult. An accusation can also cause family and friends to turn against you. You may face obstacles at work or even lose your job before any evidence is presented. That’s why it’s so important to hire an attorney the second you even hear mention of an accusation against you.

1. Collect evidence

Do your best to collect any evidence you can think of, including any of the following:

• Physical evidence related to your relationship with the child
• Documents and records of your correspondence with the child (emails, texts, phone records, etc.)
• Make a list of potential witnesses to your relationship with the child and their contact info

Give these materials to your lawyer as soon as you collect them.

2. The investigation

Your attorney should investigate the evidence you’ve collected, look into medical evidence of the case, and conduct interviews with the victim and witnesses to understand the full story. Sometimes, there was a mere misunderstanding between the victim and the accused, and sometimes the child has been talked into making a false accusation by a third party.

Other situations that can sometimes lead to false accusations:

• Custody dispute
• Contentious divorce
• Teacher/ student relationship
• Stepchild syndrome

3. DO NOT talk to law enforcement without your attorney

Even if you are trying to defend yourself or deny the charges, your words can and will be used against you. That’s why it’s so important to consult with an attorney before speaking to law enforcement, and demand that your attorney attend any of these conversations.

You should also refrain from contacting the victim or the victim’s family.

4. Hire a Marietta Child Molestation Defense Attorney

You need to be sure to hire an attorney who has worked these types of cases before and will not judge you because of the accusation. Remember that once you hire your attorney you will have attorney-client privileges, which means they will keep what you tell them confidential.

Child Molestation and Aggravated Child Molestation in Georgia Law

Under Georgia law, child molestation involves performing any immoral or indecent act with, to, or in the presence of a child under 16 years old with the intent to arouse or satisfy sexual desires. This can include physical acts, communication of explicit content, or transmitting images/videos aimed at sexual gratification.

Aggravated child molestation is a more severe offense. It occurs when the act results in physical injury to the child or involves an act of sodomy, which includes oral or anal intercourse. This distinction elevates the severity of the crime due to the potential for lasting harm to the victim.

Both offenses are felony charges in Georgia, carrying significant legal and social repercussions for those convicted, including lengthy prison sentences and mandatory sex offender registration. (O.C.G.A. § 16-6-4).

Defense Strategies and Legal Nuances in Pederasty Cases

In pederasty cases, a robust defense strategy is essential for ensuring a fair trial and protecting the accused’s rights. Here are some specific defense strategies and legal nuances:

• Questioning the Credibility of Witnesses: Assess the reliability of witnesses and any potential biases or inconsistencies in their testimonies.
• Challenging Physical Evidence: Scrutinize the collection, handling, and testing of any physical evidence to uncover errors or contamination.
• Psychological Evaluations: Use expert testimony to question the mental state and possible ulterior motives of the accuser.
  Statute of Limitations: Ensure that the case falls within the legal timeframe for prosecution.
• Alibi Evidence: Present evidence that proves the accused was elsewhere at the time of the alleged incident.

These strategies can significantly impact the outcome of pederasty cases, emphasizing the importance of a knowledgeable defense attorney.