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Aggravated Child Molestation in Cobb County

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Aggravated Child Molestation is a serious crime in the State of Georgia. In fact, it is the worst crime that one can be accused of committing. It is imperative that you retain a qualified attorney immediately if you are being accused of aggravated child molestation in Cobb County. Many allegations of aggravated child molestation are false. Even if you know the allegation of aggravated child molestation against you is made up, you still must take it very seriously and aggressively defend yourself. All it takes is the word of the child, if believed, to convict you.

O.C.G.A. § 16-6-4 defines aggravated child molestation as follows:

A person commits the offense of aggravated child molestation when such person commits an offense of child molestation which physically injures the child or involves an act of sodomy.

If the alleged victim was physically injured then it is not necessary for the state to prove sodomy.

It must be shown that the alleged victim was under 16 at the time of the act in order to be charged with aggravated child molestation.

Penetration or force is not a requirement of aggravated child molestation. The victim’s testimony that it was painful is sufficient to prove physical injury and no medical evidence is required to corroborate.

If you are convicted of aggravated child molestation in Cobb County, then the sentence will either be life imprisonment or a split sentence of a mandatory minimum of 25 years imprisonment and probation for life. The defendant will also have to be placed on the sex offender registry for life.

If someone is making an allegation of aggravated child molestation against you, it is imperative that you do not talk to the police, do not talk to the person who is accusing you of aggravated child molestation and call us. Time is of the essence to properly investigate the allegations.

Do not wait until the  Cobb County District Attorney actually returns an indictment against you before seeking an attorney. Child Molestation cases can be proven solely on the victim’s own testimony. Therefore, it is vital that you immediately retain an attorney and get to work in defending yourself of these allegations.

I would be happy to meet with you any time for a free consultation to discuss your case, your rights and your defenses to these allegations.

Call me at 404-581-0999 and let’s schedule a time to meet and discuss your case.

It is your life, your criminal record and you deserve the best representation possible.

Prior False Allegations Are Admissible in a Sex Offense Case

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You are accused with child molestation or rape and your accuser has previously falsely accused another person of these horrific crimes. Can you bring up these prior false accusations in your case? The answer is yes.

The Georgia Supreme Court held in State v. Burns, that a defendant in a sexual-offense prosecution may bring up evidence that the alleged victim has previously made false accusations of sexual misconduct. This evidence is admissible to attack the credibility of the victim and show that the current charges did not occur.

In this case, James Burns was charged with aggravated sexual battery, aggravated sodomy, and incest. It was discovered that the alleged victim had made up a prior rape allegation.

The Rape Shield Statute of Georgia does not prohibit testimony of previous false allegations by a victim. This is because prior false accusations establish that the victim has a propensity to make false statements regarding sexual misconduct. The Rape Shield Statute in Georgia is designed to prohibit bringing up the victim’s past sexual conduct. But it does not protect the victim in cases where a false allegation was made.

A criminal defendant has a Sixth Amendment right to make a full defense. A defendant has the right to bring up prior false allegations where it can be shown that the allegation was indeed false. The Sixth Amendment also grants the defendant the right of confrontation. This includes the right to physically face the person who is testifying against him and the right to conduct a thorough cross-examination. A defendant is guaranteed the opportunity for effective cross-examination.

In addition, the due process clause of the Fourteenth Amendment guarantees a criminal defendant a meaningful opportunity to present a complete defense. The defendant does not have a right to offer any testimony that is either privileged, irrelevant or excluded under the rules of evidence. However, if the defendant has evidence of a prior false allegation of the alleged victim then it is admissible in order to protect the integrity of the trial.

In State v. Burns, the Georgia Supreme Court has made a bright line rule that prior false allegations are admissible, regardless of other rules of evidence.

If you are charged with aggravated child molestation, child molestation, sexual battery, rape or any other sexual offense in Georgia, it is imperative that you aggressively defend yourself and learn everything you can about the alleged victim. If the alleged victim in your case has ever made up an allegation against any other person, you must use this information to your advantage when confronting your accuser in court.

If you are charged with any sexual offense in Georgia, please contact us at 404-581-0999

Child Molestation in Butts County

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Child Molestation is a serious crime in the State of Georgia. If you are arrested in Butts County  for child molestation or aggravated child molestation, please do not make any statements to the police. It is imperative that you retain a qualified attorney immediately if you are being accused of child molestation. The Butts County District Attorney’s Office has a unit called the Crimes Against Women and Children Unit and they zealously prosecute these cases and they are very prepared. Many allegations of child molestation are false. Even if you know the allegation of child molestation against you is made up, you still must take it very seriously and aggressively defend yourself.

If you are arrested, you will be on a calendar the next day for First Appearance. At this hearing, the Butts County Magistrate Judge will read the warrants to you. They then might consider bond depending on the allegations but will likely deny bond in a child molestation. You will then need to file a motion for a formal bond hearing and a preliminary hearing. These hearings take place at the Butts County Courthouse.  It is crucial to get an attorney retained to be at the First Appearance hearing at the Butts County Courthouse.

O.C.G.A. § 16-6-4 defines child molestation as follows:

A person commits the offense of child molestation when such person: Does any immoral or indecent act to or in the presence of or with any child under the age of 16 years with the intent to arouse or satisfy the sexual desires of either the child or the accused OR by means of electronic device, transmits images of a person engaging in, inducing, or otherwise participating in any immoral or indecent act to a child under the age of 16 years with the intent to arouse or satisfy the sexual desires of either the child or the person.

Child Molestation is a specific intent crime. Whether the accused has the requisite intent when he committed the act of child molestation is up to a jury. The jury can infer the requisite intent of “arousing or satisfying sexual desires” from the commission of the act. However, proof of the accused’s actual arousal is not required. Intent can be inferred from the testimony of the victim or from the actions of the accused.

No penetration is required for child molestation. All that is required is the touching of the child’s body along with the requisite intent. It does not matter whether the child was clothed or unclothed in determining whether the act was immoral or indecent.

The indictment does not have to allege the specific details of the child molestation. It can use general language of the statute.

The punishment for child molestation is a mandatory of 5 years to 20 years in prison. If it a second conviction for child molestation then it can be life in prison or a mandatory 10 years up to 30 years in prison.

If someone is making an allegation of child molestation against you in Butts County, it is imperative that you do not talk to the police, do not talk to the person who is accusing you of child molestation and call us. Time is of the essence to properly investigate the allegations.

I would be happy to meet with you any time for a free consultation to discuss your case, your rights and your defenses to these allegations. Our office is in downtown Atlanta.

Call me at 404-581-0999 and let’s schedule a time to meet and discuss your case.

It is your life, your criminal record and you deserve the best representation possible.

What to Do if you are Arrested for Child Molestation in Bibb County, Georgia

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If you or a loved one is arrested for child molestation in Macon, Georgia (Bibb County), it is important that you act immediately to protect yourself. Do not wait until your court date to get an attorney and to preserve evidence.

The Bibb County District Attorney is the Honorable Anita Howard. Her office has a dedicated division called the Crimes Against Women and Children Unit. The Bibb County DA’s will vigorously prosecute you if you are charged with child molestation.

Your case will be presided over by one of the four elected Superior Court judges.

  1. Judge Philip T. Raymond, III
  2. Judge Connie L. Williford
  3. Judge David L. Mincey
  4. Chief Judge Howard Z. Simms

Do not think that just because you are innocent that the charges will be dismissed. Child molestation charges are aggressively prosecuted in Bibb County and the police believe children who make the accusations.

Make sure your attorney has had jury trials in child molestation cases and has won these cases. Do not let an attorney handle your case who does not specifically handle child molestation cases.

The law may say you are presumed innocent but in child molestation cases, you have to prove your innocence.

Here is what you should do if arrested for child molestation in Bibb County.

  1. Hire an attorney – Make sure that attorney actually handles and tries child molestation cases. Most criminal defense attorneys do not handle child molestation cases. Make sure the attorney you talk to does regularly handles child molestation cases in Georgia.
  2. Avoid making any statements – Do not walk into the police department and profess your innocence. The police will not believe you. Do not think you can show up at your first court date and tell the prosecutor and judge that you are innocent and expect the charges to be dropped. If you are arrested for child molestation, you have to start preparing for your jury trial. Do not make any statements to anyone except your lawyer.
  3. Start gathering important evidence
    1. Gather and preserve any physical evidence in your possession that might relate to the child making the accusation. This includes clothing, photos, video or any other tangible object.
    2. Gather and preserve any documents that might relate to this accusation including emails, texts, social media, phone records, GPS records, computer records or any other document that might show where you were when this incident allegedly occurred.
    3. Witnesses – Immediately make a list of any person who you think might have information about this child molestation accusation. Do not discuss the case with this person but pass this list of potential witnesses to your attorney and let your attorney contact them.

Here is what you should never do if arrested for child molestation in Bibb County.

  1. Never talk to the alleged victim or the family.
  2. Never have any contact with the alleged victim through a 3rd party or through social media.
  3. Never talk to law enforcement without an attorney present.
  4. Never talk to a child welfare agency or any other governmental agency without an attorney present.

If you are arrested for child molestation or any sex offense in Bibb County, please call our office 24/7 at 404-581-0999 or send us an email at mike@peachstatelawyer.com. We will sit down with you and fully discuss your case and what to expect in court. There is no charge for the initial consultation. You will only retain us if you feel we are the best law firm to represent you. It is your case and your life so you need to hire the lawyer that you feel gives you the best chance to win.

Child Molestation Charges in Fulton County, Georgia

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Child Molestation is a serious crime in the State of Georgia. If you are arrested in Fulton County or the City of Atlanta for child molestation, please do not make any statements to the police. It is imperative that you retain a qualified attorney immediately if you are being accused of child molestation. The Fulton County Crimes Against Women and Children Unit zealously prosecutes these cases and they are very prepared. Many allegations of child molestation are false. Even if you know the allegation of child molestation against you is made up, you still must take it very seriously and aggressively defend yourself.

If you are arrested, you will be on the 11am calendar the following morning for First Appearance. At this hearing, the Fulton County Magistrate Judge will read the warrants to you. They then might consider bond depending on the allegations but will likely deny bond in a child molestation. You will then need to file a motion for a formal bond hearing and a preliminary hearing. These hearings take place at the Fulton County Courthouse. It is crucial to get an attorney retained to be at the First Appearance hearing at the Fulton County jail.

O.C.G.A. § 16-6-4 defines child molestation as follows:

A person commits the offense of child molestation when such person: Does any immoral or indecent act to or in the presence of or with any child under the age of 16 years with the intent to arouse or satisfy the sexual desires of either the child or the accused OR by means of electronic device, transmits images of a person engaging in, inducing, or otherwise participating in any immoral or indecent act to a child under the age of 16 years with the intent to arouse or satisfy the sexual desires of either the child or the person.

Child Molestation is a specific intent crime. Whether the accused has the requisite intent when he committed the act of child molestation is up to a jury. The jury can infer the requisite intent of “arousing or satisfying sexual desires” from the commission of the act. However, proof of the accused’s actual arousal is not required. Intent can be inferred from the testimony of the victim or from the actions of the accused.

No penetration is required for child molestation. All that is required is the touching of the child’s body along with the requisite intent. It does not matter whether the child was clothed or unclothed in determining whether the act was immoral or indecent.

The indictment does not have to allege the specific details of the child molestation. It can use general language of the statute.

The punishment for child molestation is a mandatory of 5 years to 20 years in prison. If it a second conviction for child molestation then it can be life in prison or a mandatory 10 years up to 30 years in prison.

If someone is making an allegation of child molestation against you in Fulton County or the City of Atlanta, it is imperative that you do not talk to the police, do not talk to the person who is accusing you of child molestation and call us. Time is of the essence to properly investigate the allegations.

I would be happy to meet with you any time for a free consultation to discuss your case, your rights and your defenses to these allegations. Our office is in Fulton County.

Call me at 404-581-0999 and let’s schedule a time to meet and discuss your case.

It is your life, your criminal record and you deserve the best representation possible.

Sexsomnia – A Legal Defense to Sex Crimes?

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What is Sexsomnia?

 

Sexsomnia, also referred to as “sleep sex,” is a particular form of parasomnia. Parasomnias are various categories of sleep disorders that involve abnormal behaviors, emotions, body movements, and dreams that occur while falling asleep, during sleep, between sleep phases, or during arousal from sleep. Sexsomnia involves a person engaging in sexual acts while in non-rapid eye movement (NREM) sleep. Certain sexual behaviors are normal during sleep such as, nocturnal emissions, nocturnal erections, and sleep orgasms.

 

People who suffer from sexsomnia often have no memory of their sexual behaviors during sleep although they may appear to be fully awake. This sleep disorder has been recognized as a criminal defense in sexual assault cases.

 

The Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (DSM-5), the taxonomic and diagnostic tool published by the American Psychiatric Association (APA) has classified 11 groups of sleep-wake disorders. These include insomnia disorders, hypersomnolence disorders, narcolepsy, obstructive sleep apnea hypopnea, central sleep apnea, sleep-related hypoventilation, circadian rhythm sleep-wake disorders, non–rapid eye movement (NREM) sleep arousal disorders, nightmare disorders, rapid eye movement (REM) sleep behavior disorders, restless legs syndrome (RLS), and substance-medication-induced sleep disorders. Sexsomnia is classified under NREM arousal parasomnia.

 

Symptoms

 

Symptoms include but are not limited to: masturbation, fondling, intercourse with climax, sexual assault or rape. Someone witnessing an individual experiencing an episode of sexsomnia will note the appearance that their eyes are open. The eyes are typically described as being “vacant” and “glassy”,  and give the appearance of the individual being awake and conscious, even though the individual is completely unconscious and unaware of their actions.

 

Causes and Risk Factors

 

Possible causes can include: traumatic brain injury, stress, sleep deprivation, use of alcohol or drugs, and other pre-existing sleep disorders. Risk factors include sleep disruption or sleep apnea, sleep related epilepsy, and certain prescription medications.

 

Legal Cases

 

People v. Ellington

In People v. Ellington, Joseph Ellington was charged with six counts of lewd acts on a child under age 14. Mr. Ellington’s family history was notable for sleepwalking in his daughter. He had no prior criminal history and used marijuana chronically.

 

The first victim (A.), a nine-year-old friend of Mr. Ellington’s daughter, testified that he put his hand inside her (A.’s) clothing on several occasions. A second victim (K.), another nine-year-old friend of Mr. Ellington’s daughter, testified that he pulled down her (K.’s) tights and panties and put his finger on her “privacy”. K. testified that Mr. Ellington had touched her in the same two places on another occasion when she stayed overnight with his daughter.

 

Mr. Ellington testified that he sat next to K. and subsequently fell asleep. He stated that he did not recollect what happened. Mr. Ellington’s wife described him as a restless sleeper who would wake up violently if startled. She testified he would sometimes make sexual advances in his sleep. She reported that he did not respond when spoken to during these episodes and that he occasionally would sit up and bark out an order that she could not understand.

 

Defense expert, Clete Kushida, MD, was retained the day before he testified and did not conduct any interviews or clinical examinations. He presented literature and general information regarding sleep disorders. The jury found Mr. Ellington guilty of one count of oral copulation for the alleged offenses against both victims, but was unable to reach a verdict on the other counts and enhancement charges. Subsequently, the court declared a mistrial as to those counts and the enhancement allegations were stricken.

 

Before sentencing, Dr. Kushida performed a sleep study on Mr. Ellington, who motioned for a new trial. The defense presented Dr. Kushida’s report from polysomnography, which demonstrated “nonspecific subtle indications” that required further interview and evaluation. The court denied Mr. Ellington’s motion for new trial as they determined that the meager evidence of “nonspecific subtle indications” would not have any impact on the result of the trial. The appellate court affirmed the judgment. Mr. Ellington was sentenced to six years.

 

State v. Scott

Adrian Scott was charged with three counts of sexual battery by an authority figure and two counts of rape of his stepdaughter. Mr. Scott’s stepdaughter reported that he fondled her groin while the family was sleeping in close quarters. On other occasions, she reported similar behavior when he had fallen asleep in her room. Mr. Scott reported no recollection of this behavior. The victim was between 13 and 18 years of age during the alleged incidents.

 

Sleep medicine expert, J. Brevard Haynes, MD, conducted a forensic evaluation of Mr. Scott. Dr. Haynes interviewed Mr. Scott’s spouse, who reported that he had fondled her vagina while asleep on several occasions without recollection. Dr. Haynes performed polysomnography and a mean sleep latency test, which failed to show aberrant sexual behaviors during sleep. Dr. Haynes opined, “[S]exual behavior in sleep parasomnia is the explanation for [Mr. Scott’s] touching of his stepdaughter”. He testified that the basis of his opinion was due to the following (1) [Mr. Scott’s] history of night terrors and sleep walking, (2) he has exhibited similar behavior with his wife, (3) his behavior is in keeping with that reported in other individuals with this parasomnia, (4) there is no history of vaginal foundling [sic] during wakefulness, (5) this behavior is not in keeping with his character.”

 

The state filed a pretrial motion in the criminal court for Davidson County, Tennessee, to exclude expert testimony. The trial court determined that the expert testimony was not sufficiently trustworthy and reliable to be presented to the jury. A Davidson County grand jury found Mr. Scott guilty on all five counts. This case reached the Supreme Court of Tennessee. The court determined that the trial court erred by excluding Dr. Haynes’ testimony regarding sexsomnia, and the judgment was reversed and remanded.

 

Swedish man acquitted of rape with sexsomnia defense

Mikael Halvarsson was acquitted of rape in Sweden using to the sexsomnia defense. Charges were brought against Halvarsson after reports of sexual assault were filed by his girlfriend at the time. Upon investigation, Halvarsson was found still asleep in the alleged victim’s bed when police arrived.

 

Contact Us

 

If you or someone you know has been charged with a crime, please contact our office today at 404-581-0999 for a free consultation.

 

 

Aggravated Child Molestation

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Aggravated Child Molestation is a serious crime in the State of Georgia. In fact, it is the worst crime that one can be accused of committing. It is imperative that you retain a qualified attorney immediately if you are being accused of aggravated child molestation. Many allegations of aggravated child molestation are false. Even if you know the allegation of aggravated child molestation against you is made up, you still must take it very seriously and aggressively defend yourself.

What’s the Law?

O.C.G.A. § 16-6-4 defines aggravated child molestation as follows:

A person commits the offense of aggravated child molestation when such person commits an offense of child molestation which physically injures the child or involves an act of sodomy.

If the alleged victim was physically injured then it is not necessary for the state to prove sodomy.

It must be shown that the alleged victim was under 16 at the time of the act in order to be charged with aggravated child molestation.

Penetration or force is not a requirement of aggravated child molestation. The victim’s testimony that it was painful is sufficient to prove physical injury and no medical evidence is required to corroborate.

Sentencing

If you are convicted of aggravated child molestation, then the sentence will either be life imprisonment or a split sentence of a mandatory minimum of 25 years imprisonment and probation for life. The defendant will also have to be placed on the sex offender registry for life.

If someone is making an allegation of aggravated child molestation against you, it is imperative that you do not talk to the police, do not talk to the person who is accusing you of aggravated child molestation and call us. Time is of the essence to properly investigate the allegations.

Do not wait until the State actually returns an indictment against you before seeking an attorney. Child Molestation cases can be proven solely on the victim’s own testimony. Therefore, it is vital that you immediately retain an attorney and get to work in defending yourself of these allegations.

I would be happy to meet with you any time for a free consultation to discuss your case, your rights and your defenses to these allegations.

Call me at 404-581-0999 and let’s schedule a time to meet and discuss your case.

It is your life, your criminal record and you deserve the best representation possible.

Online Solicitation in Georgia

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What is online solicitation?

Local law enforcement agencies are conducting more and more online child predator stings. Online solicitation of a child for purposes of engaging in a sexual act is a felony in Georgia. It carries a possible punishment of up to 20 years in prison and a $ 25,000 fine.

The Georgia Internet Crimes Against Children (ICAC) Task Force, The Georgia Bureau of Investigation’s Child Exploitation and Computer Crimes (CEACC) Unit and local law enforcement agencies are conducting operations all over the State of Georgia to catch individuals who are using the internet to solicit underage children for sex.

What should you do?

If you are arrested in one of these stings, do not talk to the police without a lawyer. Do not attempt to tell your side of the story without a lawyer. If the police tell you that they will cut you a break if you speak to them about the case, please tell them that you want a lawyer before making a statement. Nothing you say to law enforcement when you are arrested is going to benefit your case. Do not make any statements such as you thought the person was an adult or that you did not intend to actually go through with the sexual act. Do not talk to law enforcement without a lawyer present.

You have an absolute right to speak to a lawyer before making any statements. If you have already made a statement to the police, then please do not make any further statements without calling a lawyer. The stakes in these cases are too high to not retain a lawyer and fight these allegations. Your freedom is literally at stake in these cases. The State of Georgia and its local law enforcement agencies are aggressively prosecuting these cases.

What qualifies as solicitation?

Online solicitation is when you intentionally or willfully utilize the internet, local bulletin board, chat room, e-mail, instant messaging service, or any other electronic device, to solicit, seduce, lure, or entice a child, another person believed by such person to be a child, any person having custody or control of a child, or another person believed by such person to have custody or control of a child to commit any illegal act, by, with, or against a child as described in O.C.G.A. 16-6-3, sodomy or aggravated sodomy; O.C.G.A. 16-6-4, child molestation or aggravated child molestation; O.C.G.A. 16-6-5, enticing a child for indecent purposes; or O.C.G.A 16-6-8 public indecency, or to engage in any conduct that by its nature is an unlawful sexual offense against a child.

So, if you are talking to someone that you believe is underage and it turns out that you are actually speaking to law enforcement, you can still be charged and convicted of online solicitation. Do not think that just because the person you were chatting with turned out to not be a child, then you have nothing to worry about. It is still against the law, even if the child turns out to be law enforcement.

Direct communication with a minor is not required for a conviction. There is no requirement that you actually perform any type of sexual act to be convicted. All that is required is that you believed that the person you were speaking to was underage and your purpose in talking to them was for a sexual act.

If you have been charged with online solicitation and exploitation, child pornography and/or human trafficking, then it is very important to hire a lawyer who handles these types of cases. Please call my office 24/7 at 404-581-0999. We will meet with you for a free consultation to discuss the facts of your case and explain the procedure that will take place in court.

 

by Mike Jacobs

Child Molestation in Georgia

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by Mike Jacobs

Child Molestation is a serious crime in the State of Georgia. It is imperative that you retain a qualified attorney immediately if you are being accused of child molestation. Many allegations of child molestation are false. Even if you know the allegation of child molestation against you is made up, you still must take it very seriously and aggressively defend yourself.

O.C.G.A. § 16-6-4 defines child molestation as follows:

A person commits the offense of child molestation when such person: Does any immoral or indecent act to or in the presence of or with any child under the age of 16 years with the intent to arouse or satisfy the sexual desires of either the child or the accused OR by means of electronic device, transmits images of a person engaging in, inducing, or otherwise participating in any immoral or indecent act to a child under the age of 16 years with the intent to arouse or satisfy the sexual desires of either the child or the person.

Child Molestation is a specific intent crime. Whether the accused has the requisite intent when he committed the act of child molestation is up to a jury. The jury can infer the requisite intent of “arousing or satisfying sexual desires” from the commission of the act. However, proof of the accused’s actual arousal is not required. Intent can be inferred from the testimony of the victim or from the actions of the accused.

No penetration is required for child molestation. All that is required is the touching of the child’s body along with the requisite intent. It does not matter whether the child was clothed or unclothed in determining whether the act was immoral or indecent.

The indictment does not have to allege the specific details of the child molestation. It can use general language of the statute.

Child molestation can also be performed by the electronic transmission of images of a person engaging in, inducing or otherwise participating in any immoral or indecent act to a child under the age of 16 years old with the intent to arouse or satisfy the sexual desires of either the child or the accused. All that is required is that either the accused or the alleged victim resides in the State of Georgia.

The punishment for child molestation is a mandatory of 5 years to 20 years in prison. If it a second conviction for child molestation then it can be life in prison or a mandatory 10 years up to 30 years in prison.

If someone is making an allegation of child molestation against you, it is imperative that you do not talk to the police, do not talk to the person who is accusing you of child molestation and call us.

Time is of the essence to properly investigate the allegations.

I would be happy to meet with you any time for a free consultation to discuss your case, your rights and your defenses to these allegations.
Call me at 404-581-0999 and let’s schedule a time to meet and discuss your case.

It is your life, your criminal record and you deserve the best representation possible.