While the classical definition of sodomy seems self-explanatory, the word carries a very precise meaning when it comes to the law. Sodomy, or penetrative oral or anal sex, is not illegal in and of itself in the state of Georgia per the state constitution, so long as it is done in private between consenting adults. If, however, someone were to engage in sodomy either in a public setting or without the other party’s permission, they would be breaking the law and could be charged with sodomy.
Georgia laws surrounding sodomy are sometimes murky, and in fact, there was a time when sodomy in private between consenting adults was considered a criminal offense. The details of how that changed get a little granular but suffice it to say the Georgia legislature has not erased that language from the statute, but on a constitutional level, there are rights to privacy that prevent sodomy from being prosecuted unless it fails to meet standards of privacy and consent.
What Separates Sodomy from Aggravated Sodomy?
As a more serious charge than sodomy, aggravated sodomy carries a few conditions that set it apart. Essentially, when force is used or one party has made it clear that the action is happening against their will, the charges can be elevated to aggravated sodomy. Likewise, any type of sodomy wherein one party is under the age of 10 years old would be considered aggravated sodomy.
A conviction for aggravated sodomy generally brings with it a significant set of consequences. At best, the sentence will be a prison term of 25 years or more followed by lifetime probation. At worst, it is a life sentence. That’s in addition to legal fines, court costs, possible community service, and above all a felony conviction on your permanent criminal record.
On top of that, even if granted a split sentence rather than life in prison, those convicted of aggravated sodomy will be required to register as a sex offender.
How Can We Defend You?
All of these accusations carry the threat of tremendous consequences if you are convicted. But simply being accused, or even charged, does not mean you are convicted. There are ways to defend against allegations of aggravated sodomy, whether it’s proving that the act itself never happened, invalidating the accusations themselves, or explaining the truth behind what happened.
But make no mistake, your innocence alone is not going to be enough to protect you. The prosecution has more to gain from your conviction than they do from seeking the truth. That’s where we come in, protecting your rights with years of experience and a team of the finest legal minds in the state. At the Turner Firm, we believe there are no unwinnable cases when you have a team ready to find the truth and fight for it to have your charges reduced or dismissed. Please read through our example case wins and schedule a free, confidential case evaluation to take back control of your freedom and your life.