Articles Posted in Sex Crimes

Sex Crimes cases are always sensitive, because simply being accused of such an offense can tarnish a person’s reputation for a lifetime. However, an ongoing federal trial has escalated this to a new level: A 10-year-old boy is being charged for sex crimes in federal court for incidents that allegedly occurred on a U.S. military base. The way the case is being handled has some criminal law observers concerned.

According to reports, the boy has been accused of making inappropriate contact with boys who were younger than him. Since these acts are said to have occurred on a military base — federal property — prosecutors are pursuing federal sex crimes charges against the child.

In response to federal law enforcement’s action, some are suggesting that criminal court isn’t the proper venue to handle this boy’s case, if the accusations are true. According to a report from the American Civil Liberties Union, children who commit sexual assault are often victims of sexual abuse as well. As such, it may be more appropriate to take rehabilitative action, rather than pursue punishments that will affect this boy for his entire life. It’s reasonable to wonder whether or not the boy even understands what he is accused of doing and the potential legal implications.

It’s common knowledge that law enforcement officials take sex crimes very seriously. Beyond the potential for prison time, those who are convicted for sex crimes are sometimes required to register as sex offenders. Many people may assume that certain charges, such as possession of child pornography or rape, would lead to this requirement, but some states require registration for charges that are seemingly less serious in nature.

In some states, teenagers who have consensual sex with another teenager may be required to register as a sex offender. In fact, one teen was required to add her name to the state’s sex crimes registry because she had consensual sexual relations with a high school classmate who was 15. At the time, she was only 17 years old.

Interestingly enough, Georgia isn’t the only state that requires sex offender registration for this kind of incident. Human Rights Watch reports that 29 states are known to have a similar requirement.

A wide variety of factors can influence the outcome of a sex crimes case. However, a verdict may come down to which party presented the most convincing evidence and testimony. Throughout the course of a criminal trial, witnesses who can offer specific insight are often called to testify in order to sway a jury. These individuals are expected to rely on their experience and sound professional judgment to present an accurate interpretation of evidence.

In many cases involving sex crimes, forensic psychologists may testify about the issues involved in a case. Their testimony can play a big role in whether or not an individual is fit to stand trial or what kind of sentence should be handed down if a conviction is reached.

According to a study conducted by researchers at a major university, forensic psychologists may not always be unbiased. In fact, they may present an opinion in court based on who they believe hired them. For instance, if prosecutors bring a psychologist into court, that person may feel inclined to present an especially unflattering portrait of the defendant regardless of whether or not it’s an accurate assessment.

Sexting is the act of sending sexually explicit/inappropriate messages and/or photographs primarily between mobile devices.  The new changes are now codified in Georgia’s laws on sex crimes. The Georgia legislature has officially changed its law on this. The legislature just passed House Bill 156 which changes the law for teens who engage in “sexting”. Before, if a teen was sexting, the teen could have been charged with child pornography under O.C.G.A. 16-12-100. Therefore, if teens sexted before this change in the law, they were prosecuted at the felony level just like any other child pornography law. Under the new law, sexting between teenagers will be classified as a misdemeanor.

Specifically, it is a misdemeanor ONLY if

(1) the individual depicted was over 14 years old at the time the image was created,

Sex Crimes – Being on the sex offender registry requires a person to abide by more requirements than someone with a conviction for any other crime, including murder.  If you have a sex crimes conviction, you may be put on the sex offender registry.  

Meg Strickler on CBS Atlanta discussing the perils of the sex offender registry

In the state of Georgia, it is possible to petition the courts for removal from the sex offender registry. Contact Conaway & Strickler, PC – we are Atlanta criminal defense attorneys focused on helping someone stuck on the registry who should no longer be on it. 

Contact Information