Have You Been Charged with Child Molestation?

In our society, sexually molesting a child is widely considered to be one of the most heinous acts a person can commit – and rightfully so. Those convicted of this crime become pariahs in their communities and often receive lengthy prison sentences. Child sexual abuse is a very serious issue, and any allegations made regarding this behavior should be examined thoroughly. However, it must be remembered that false allegations are occasionally made against innocent individuals, especially in situations involving custody battles or other familial strife. Unfortunately, there are people who have used claims of molestation to discredit an estranged partner and to gain custody of a child. In other cases, people have been coached or manipulated into “remembering” so-called “recovered memories” of abuse that never occurred.

Whatever the circumstances, if you have been falsely accused of child molestation, it is critical that you retain an attorney as soon as possible to fight for both your freedom and your reputation. Kimberly Berry is an experienced Atlanta attorney who advocates for those who have been falsely accused. She specializes in sexually based crimes and has years of experience dealing with Georgia prosecutors and fighting cases in court. Contact the Berry Law Group today for a consultation and learn the best path forward for your individual case.

Definition of Child Molestation & Aggravated Child Molestation

Georgia law defines child molestation (O.C.G.A. 16-6-4) as having occurred when a 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 person.” In addition, an individual can be charged with child molestation if he or she “by means of an 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.”

Consent is not a defense, since the law holds that children under 16 are unable to consent to sexual activity. However, the contact should be sexual and inappropriate in nature to qualify as molestation. Innocently washing a child in a bath or changing a diaper is not considered child molestation.

According to the state of Georgia, the crime of aggravated child molestation has occurred when a person “commits an offense of child molestation which act physically injures the child or involves an act of sodomy.”

Punishments for Child Molestation & Aggravated Child Molestation

Penalties for child molestation depend on a variety of factors, such as the age of the victim, the age of the perpetrator, the criminal record of the perpetrator, and whether the victim was physically harmed during the offense.

A first conviction for child molestation carries a sentence of five to twenty years in prison. The offender will receive counseling during his or her incarceration. A second or subsequent conviction will result in a prison sentence of anywhere from ten years to life.

Child molestation is usually charged as a felony. However, if the victim is at least fourteen and less than sixteen years old and the perpetrator is eighteen years or younger and no more than four years older than the victim, the offense will be charged as a misdemeanor.

A conviction for aggravated child molestation brings with it a sentence of twenty-five years to life in prison, followed by a lifetime on probation. Aggravated child molestation is usually considered a felony, but it can be charged as a misdemeanor when:

* The victim is at least thirteen and less than sixteen years old;
* The perpetrator is eighteen years or younger and is no more than four years older than the victim; and
* The basis of the charge involves an act of sodomy

In addition to prison time, convicted child molesters are required to register as sex offenders.

Why Do I Need a Sex Crimes Defense Lawyer?

Being convicted of child molestation can be a life-changing event. You may lose your freedom, your good name and your children, all at once. Even after the completion of a prison sentence, life as a registered sex offender involves numerous obstacles to obtaining good employment or housing. While an accusation of child molestation can be devastating, resolving the case in your favor – through a dismissal of charges, an acceptable plea deal, or a not guilty verdict – can go far in getting your life back to normal. Be proactive in your own defense and contact the Berry Law Group. Kimberly will listen to your side of the story with an open mind and lay out your best options. She will do everything in her power to assert your innocence and achieve the best possible outcome in your case.