SEX CRIME LAWYER MARIETTA GA
If charged with a criminal sexual offense, do not give up hope. A charge is not the same as a conviction. Defenses do exist. Depending on the circumstances and the crime, the type of defense will vary. However, if charged, there are two fundamental rules to follow. First, immediately call an experienced sex crime attorney. Second, do not talk with anyone other than your attorney about the case.
A person charged with committing a criminal sexual offense in Georgia is subject to tough penalties. Some crimes carry a life term in prison. Convictions for less serious crimes carry the penalty of prison time as well as registration on the sexual offenders’ list.
The Defense of Intent
Georgia law prohibits a wide variety of sexual activity. In some instances, the laws have been ruled unconstitutional and are not enforceable. Also, courts often look at the intent of the person charged. For example, a person who had too much to drink, or a sober person, may have succumbed to the call of nature. A young man thought he had found an out-of-the-way alley to urinate. Unfortunately, someone spotted him and called the police. The police charged him with a violation of the law prohibiting indecent exposure.
Consequently, an innocent intent and biological necessity may result in a lewd exposure charge. Generally, the courts look at the intent of a person charged. The exposure has to be intentional. A person taking precaution to avoid exposure has a valid defense. However, it is imperative to have an experienced and skilled attorney when such charges arise. A good attorney may be able to win the case in court. However, the ensuing publicity can do a great deal of damage to an innocent defendant. Attorney Kim Frye is an experienced sex crime attorney who understands that her clients often need more than a not guilty verdict. When appropriate, she will negotiate with the district attorney’s office to get a fair conclusion to your case with as little publicity as possible.
Entrapment is also a valid defense. Georgia statutes define entrapment as, “—where the idea and intention of the commission of the crime originated with a government officer—“. What this means is that a police officer, or someone working for the police, provide the idea to commit the crime. For example, an undercover police officer approaches someone on the street and offers sex for money. Upon agreeing to the offer made by the undercover police officer, the person is arrested for solicitation of a prostitute. The presence of an undercover police officer alone is not sufficient grounds for the defense of entrapment. However, an experienced sex crime attorney should review the conduct of the police.
Defenses to Rape
Defenses also exist for more serious offenses such as rape. Rape is defined as forcing a woman to have sexual intercourse against her will. There are two broad defenses to rape charges. One is that sexual intercourse did not occur. A second defense is that consent was present.
Medical testing may determine if sexual intercourse occurred. In some cases, complaining witnesses will wait for an extended period of time before making a rape allegation. By that time an allegation of rape is made, physical evidence of sexual activity may not be present. The delay may be a double-edged sword for defendants. The absence of physical evidence makes it harder to prove that sexual intercourse had occurred. The negative is that an allegation can still be made. False allegations cannot be disproved by a medical examination.
Consent is a complex area of law. Consent means more than the absence of a refusal. For example, putting a date rape drug in a woman’s drink, then waiting for her to pass out and having sex with her is rape. However, what constitutes consent may not be clear. If the person accused of rape thought he had consent, that can be a defense. Each case is different.
Accused of Statutory Rape? Don’t Talk
Statutory rape is having consensual sexual intercourse with a person under the age of sixteen. If charged with statutory rape, remain silent and call a sex crime attorney immediately. A person under the age of sixteen is deemed incapable of giving consent. Do not tell people that she was the pursuer or that the victim consented to sex. Both arguments are evidence against you in a statutory rape case.
A charge of statutory rape has two primary defenses. First, the age of the victim has to be established. Second, the prosecutor has to prove that the defendant had sex with the alleged victim. The law recognizes immature people can make reckless charges. Therefore, the testimony of the alleged victim, with no supporting evidence, is not sufficient to convict a person. The prosecutor has to prove its case beyond a reasonable doubt, and must have corroborating evidence beyond the testimony of the alleged victim. Again, speak to no one but your attorney. What you say, even to your best friend, may work against you in court.
Contact Our Sex Crime Attorney
Kim Frye is a skilled and experienced criminal law attorney. She is there to help you, not judge you. Before entering private practice, she worked for a district attorney’s office. Consequently, she has insight on how people in the district attorney’s office think and proceed on cases. She has the expertise and experience to help develop the best defenses for her clients. Attorney Kim Frye dedicates herself to protecting people’s rights. She fights for her clients, including those in need of a Marietta sex crimes defense.