Georgia Rape Defense Attorney - Frequently Asked Questions

Are there any defenses against charges of child molestation in Georgia?

The crime of child molestation is rightfully considered one of the most heinous offenses a person can commit. Convicted child molesters face severe legal and social consequences for victimizing the most vulnerable in our society. Accusations of child abuse of any kind should be taken seriously and properly investigated. However, as with any crime, the accused party is innocent until proven guilty and has a right to present a thorough defense.

Unfortunately, there have been many cases in which false accusations of molestation have been made against innocent people. This can occur due to a misunderstanding, or perhaps as a result of malicious intent. In some cases young children may inaccurately convey an event, leading to suspicion. In others, an innocuous task, such as changing a diaper or bathing a child, can lead to allegations. 

There are some circumstances were false accusations are deliberately made. In cases of familial strife, such as an acrimonious divorce or child custody battle, spurious abuse allegations are occasionally made by unscrupulous people. Studies have shown that foster parents regularly face false allegations of abuse – from hostile birth families or from troubled children who have endured abuse in the past.

Unfounded accusations not only have the power to destroy the life of their target, they also undermine the many real cases of child abuse. And while numerous defenses are available for molestation cases, many arguments are not valid. For example, it is not a defense to say you did not know the age of the child in question. Any sexual conduct with a person under 16 years of age in Georgia is a crime (although Romeo and Juliet laws may lead to reduced charges and punishments against perpetrators close in age to their victims). Arguing that a child consented is also not a valid defense. Children do not have the capacity to consent; any sexual contact with an adult is automatically non-consensual. The only defense, really, is that you did not engage in sexual contact with a child.

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