Oral and anal sex are not illegal in the State of Georgia when these acts involve consenting persons in private settings. You can be charged with sodomy, however, if you engage in anal or oral sex in a public setting or with a person who has not consented to intimate relations with you, including cases of marital rape.
Sodomy laws have a discriminatory connotation because of their history. Today, however, sodomy laws in Georgia only apply to non-consensual sex acts or anal or oral sex acts that occur in public settings. Under federal and Georgia law, residents have a right to an expectation of privacy, so sodomy laws are not enforceable within private settings between two consenting parties. Anyone, regardless of sexual orientation, can be charged with sodomy in Georgia if they are caught engaging in anal or oral sex without the consent of the other person or in a public place.
In Georgia, a person commits the offense of aggravated sodomy when they:. According to Georgia law, the offense of aggravated sodomy is defined under Georgia Code Section The sentencing and punishment provisions of Code Section can be severe. Aggravated sodomy is classified as a felony offense. If convicted, the potential penalties include imprisonment for a term of at least 25 years, up to and not exceeding life imprisonment, or a split sentence of imprisonment and probation.
Additionally, sodomy on a minor is considered a felony offense, which carries a maximum prison term of 20 years. Being accused of sodomy in Georgia is a serious matter that can have lasting legal and personal consequences. A seasoned lawyer will review all aspects of your case and work tirelessly to build an effective defense strategy on your behalf.
Some common defenses used against allegations of sodomy include:. As mentioned previously, Georgia sodomy laws only apply when the act is non-consensual. If you can prove that both parties willingly engaged in oral or anal sex, then this can be a valid defense against aggravated sodomy charges. In some cases, a person may be wrongfully accused of sodomy. If the prosecution cannot prove that it was you who committed the alleged crime, then this can serve as a strong defense in your case.
