Types of Sex Offenses in Cobb County
Sex offenses are one of the more heavily prosecuted crimes in Cobb County. A person accused of committing this type of crime may face lengthy prison sentences and be ordered to register as a sex offender. Convicted individuals may find it difficult to live a normal life upon release from jail and may have specific civil liberties taken away from them, such as the right to vote.
To learn more about the types of sex offenses in Cobb County and the differing penalties, reach out to a knowledgeable attorney who is ready to answer any questions you might have.
Under Code of Georgia § 16-6-1, rape occurs when a male knows a female carnally uses force and against her will. Georgia law enforces a substantial penalty for individuals convicted of rape, calling for a minimum of 25 year’s incarceration and a lifetime on probation.
The maximum sentence for rape is life incarceration without the possibility of a parole. If someone is over the age of 21 and is convicted of rape, they must register as a sex offender for life.
What is Statutory Rape?
Statutory rape occurs when a person has sexual intercourse with someone under 16 years of age who is not their spouse. If someone is under 21 and convicted of statutory rape, they would face one to 20 year’s incarceration. Individuals who are over the age of 21 and convicted of statutory rape could be subject to a 10 to 20-year prison sentence and mandatory sex offender registration.
However, under the state’s “Romeo and Juliet” laws, if the alleged victim is between the age of 14 and 16 and the alleged offender is either 18 years of age or no more than four years older, the offense would be classified as a misdemeanor. A conviction is punishable by 12 months in jail, fines, probation, and/or community service.
Sexual Battery Offenses in Cobb County
Sexual battery is when someone intentionally has physical contact with another person’s intimate parts. A first sexual battery conviction would be punished as a high and aggravated misdemeanor. However, a second or additional conviction could lead to the crime being charged as a felony with terms of incarceration ranging from one to five years.
Sexual battery committed against a child who is under 16 years old would also be considered a felony subject to the same prison terms. Aggravated sexual battery is when someone penetrates another person’s sexual organ or anus with an object without their consent. The penalties for a conviction of aggravated sexual battery would carry a minimum of 25 year’s imprisonment and a maximum penalty of life imprisonment, along with a lifetime on probation.
Aggravated Sodomy Charges
Aggravated sodomy occurs when a man or women engages in sodomy using force and against the will of the other person, or with someone under ten years of age. The penalty for aggravated sodomy is a minimum of 25 year’s incarceration and a maximum prison term of life, along with lifetime parole.
A person can be charged with child molestation if they perform an indecent or immoral act with or in the presence of a child under 16, intending to satisfy or arouse their or the child’s sexual desires. A first-time conviction would result in a five to 20-year prison sentence and mandatory counseling. With a second or subsequent conviction, a prison term of 10 to 30 years could be prescribed, and in some cases, life incarceration.
This offense could also be charged as a misdemeanor if the alleged victim is between 14 and 16 and the accused is aged 18 or younger and no more than four years older. When someone commits child molestation involving sodomy or causes physical injury to the other person, they would be charged with aggravated child molestation and would face a sentence of 25 years’ incarceration and life probation.
Contact a Cobb County Legal Professional Today
Being charged with a sex offense of any type is a serious circumstance in Cobb County which would require immediate legal assistance. With an attorney at your side, you may find it easier to combat the criminal accusations made against you. In addition, a lawyer could help you review any evidence that would help clear your name. To get started on building a defense, or for more information about the services an attorney could provide, schedule a consultation as soon as conveniently possible.