Aggressive, Compassionate, & Responsive Criminal Defense

If you have been charged with a criminal or traffic offense in Georgia, you need an attorney who will fight for you.

Click here to contact me today for a free consultation.

Georgia Aggravated Sodomy

Aggravated Assault is the more serious of the assault-related charges, the other being Simple Assault. Unlike Simple Assault, Aggravated Assault is always classified as a felony offense.

Georgia aggravated sodomy statute

Under O.C.G.A. § 16-6-2, a person commits the offense of sodomy when they perform or submit to any sexual act involving the sex organs of one person and the mouth or anus of another.

Under the same statute, a person commits the offense of aggravated sodomy when they commit sodomy with force and against the will of the other person or when they commit sodomy with a person who is less than ten years of age.

What are the elements of an aggravated sodomy offense?

The elements of an offense are the different factors that the State must prove beyond a reasonable doubt to secure a conviction on a particular charge. For an aggravated sodomy charge, the State must prove the following:

The Defendant performed or submitted;
To any sexual act involving the sex organs of one person and the mouth or anus of another; and
The sexual act was committed with force and against the will of the other person; or
The Defendant committed sodomy with a person who is less than ten years of age.

The Georgia Court of Appeals has noted that penetration is not necessary to be convicted of aggravated sodomy. All that is required is some contact. For example, in Bell v. State, the Georgia Court of Appeals found that the Defendant rubbing their genitals on the victim, without any penetration, was sufficient to support the Defendant’s aggravated sodomy conviction.

Penalties

A person who is convicted of sodomy can be sentenced to no less than one year in prison and no more than twenty years in prison.

A person who is convicted of aggravated sodomy can be sentenced to life imprisonment or imprisonment for no less than twenty-five years, followed by probation for life.

However, If the victim is at least 13 but less than 16 years of age and the Defendant convicted of sodomy is 18 years of age or younger and is no more than four years older than the victim, then the Defendant will be guilty of a misdemeanor. The consequences for a misdemeanor conviction could include a fine that cannot exceed $1,000.00 or imprisonment for no more than 12 months.

Sex offender registry

Like the consequences of a rape conviction, there are additional penalties required by Georgia law when convicted of aggravated sodomy. Some of the penalties include having to register for the State Sexual Offender Registry. Being on the State Sexual Offender Registry prevents you from seeking certain jobs, such as jobs involving children. Jobs involving children include, but are not limited to, childcare facilities, childcare learning centers, or preschools.

Further, an aggravated sodomy conviction on your record can prevent you from finding housing, employment, and using certain public services such as parks.

Defenses

There are some rape defenses that your criminal defense attorney can argue based on the facts of your case, including:

Consent: If the adult person consented to the penetration, and the relationship is not included in the listed relationships under O.C.G.A. § 16-6-5.1(b), then the elements of aggravated sodomy have not been met.
No Force: An aggravated sodomy charge requires that the Defendant exercise force against the alleged victim. If no force was used, the Defendant cannot be convicted of aggravated sodomy. For example, in Thurmond v. State, the Georgia Court of Appeals found that the State failed to prove that the Defendant committed aggravated sodomy because the element of physical force was not shown by evidence that the victim's pants were unzipped and pulled down without the victim's consent and while the victim was asleep.
Lack of DNA Evidence: If a victim goes to the hospital to have a rape kit completed, and no DNA evidence is present in the victim that suggests the Defendant sodomized the victim, this can be used as a defense to rape.
WHAT IS NOT A DEFENSE?
Marriage: The fact that the person allegedly sodomized is the spouse of a Defendant is not a defense to a charge of aggravated sodomy.
Consent between Minor and Adult: A minor cannot consent to sexual acts with an adult in Georgia. Therefore, having sex with a minor can result in an aggravated sodomy conviction. Further, sodomy committed with a person who is less than ten years of age will result in an aggravated sodomy conviction.

Frequently asked questions

What is sodomy?

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 person.

Are oral and anal sex illegal in Georgia?

No. Oral sex is not illegal when the act involves consenting adults in nonpublic settings. However, if consenting adults perform oral or anal sex in public, they can be convicted of sodomy. This is because a person who engages in sodomy in a public place cannot assert privacy rights. In contrast, consenting adults who engage in sodomy in private settings can assert privacy rights.

Why you need a lawyer for an aggravated sodomy offense

An aggravated sodomy charge carries significant penalties. It is your lawyer’s job to poke holes in the State’s theory of the case and raise potential defenses such as consent. With the proper defense, a criminal defense attorney could get the aggravated sodomy charge dropped or reduced to sodomy.

Why you need a lawyer for an aggravated sodomy offense

If you or your loved one is charged with aggravated sodomy, I am here to help. I have decades of experience representing people charged with serious felonies, and I will make sure you receive the best defense possible. If you need legal help, give me a call today!