Georgia Rape Defense Attorney - Frequently Asked Questions
What is the difference between rape and sodomy according to Georgia law?
The legal definition of sodomy in Georgia differs considerably from its commonly understood meaning. This has led to confusion on the part of many defendants charged with aggravated sodomy.
When most people think of sodomy, they equate it with anal sex. But according to Georgia law (O.C.G.A. 16-6-2), “sodomy” occurs when a person “performs or submits to any sexual act involving the sex organs of one person and the mouth or anus of another.” Thus, the legal definition of sodomy includes both anal and oral sex.
Aggravated Sodomy
While consensual sodomy was formerly outlawed in Georgia (and across the nation), both the Georgia and U.S. Supreme Courts have struck down anti-sodomy laws. However, forcible sodomy and sodomy against those too young to consent are still against the law. These offenses are charged as aggravated sodomy.
According to the statute, aggravated sodomy has occurred when a person “commits sodomy with force and against the will of the other person or when he or she commits sodomy with a person who is less than ten years of age.” It does not matter whether the victim is the spouse of the accused. The prosecution must only establish that sodomy took place and that the alleged victim did not give consent (or was under 10 years old).
A conviction for aggravated sodomy carries a punishment of 25 years to life in prison. If an offender gains release from prison, they will be on probation for life and must register as a sex offender.
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To speak with an experienced Georgia Rape Defense Attorney, just complete the form to the right or call The Berry Law Group right now at (404) 816-4440.