Sexual Abuse, Assault, and Rape Awareness
Types of Sexual Crimes
Sexual crimes have always wreaked havoc on the lives of victims. These crimes continue to destroy the lives of individuals as well our society as a whole. Society often views a sexual crime as only being Rape or Child molestation, however, this is very untrue. A sexual crime is an incident of unwanted, forced, or exposure to sexual contact directed towards another person. Even in the event of a marriage, if a woman does not consent to sexual activity, it is a sexual crime. These crimes include Rape, Sexual Assault, Acquaintance/Date Rape, Child Abuse, Hate Crimes, Incest, Male Sexual Assault, Partner Rape, Sexual Exploitation, Sexual Harassment, Stalking, Stranger Rape, and Sexual Battery. There are even Drug Facilitated Assaults, where victims can be subdued via drugs such as: Alcohol, Rohypnol, GHB, GBL, Benzodiazepines, Ketamine, and Ecstasy. Sexual crimes against adults and children are not crimes of passion or sex, they are crimes of power. The perpetrator uses sex as a way to overpower and take control of their victim.
The following are Sexual Offenses punishable by Georgia Law
Beastiality
Definition
- A person commits Beastiality when he or she performs or submits to any sexual act with an animal involving the sex organs of the one and the mouth, anus, penis, or vagina of the other.
Penalty
- A person convicted of the offense of Beastiality shall be punished by imprisonment for not less than 1 years nor more than 5 years.
Child Molestation
Definition
- A person commits Child Molestation when he or she 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 with sexual desires of ether the child or the person.
Penalty
- A person convicted of a first offense Child Molestation shall be punished by imprisonment for not less then 5 years nor more than 20 years.
- A person convicted of a second or subsequent offense shall by punished by imprisonment for not less than 10 years nor more than 30 years or shall be punished by imprisonment for life.
- After the offender is released from prison, he or she must register with the Sex Offender Registry.
- If the victim is at least 14 but less than 16 years of age and the person convicted of Child Molestation is 18 years of age or younger and is no more than four years older than the victim, such person shall be guilty of a misdemeanor and shall not be punished with having to register with the Sex Offender Registry.
Aggravated Child Molestation
Definition
- A person commits the offense of Aggravated Child Molestation when he or she commits the act of Child Molestation which act physically injures the child or involves an act of Sodomy.
Penalty
- A person convicted of Aggravated Child Molestation shall be punished by life imprisonment or shall be punished by imprisonment not less than 25 years and not exceeding life.
- After release from prison, the offender shall be punished by life probation.
- After the offender is released from prison, he or she must register with the Sex Offender Registry.
Enticing a Child for indecent purposes
Definition
- A person commits the offense of Enticing a Child for indecent purposes when he or she solicits, entices, or takes any child under the age of 16 years of age to any place whatsoever for the purpose of Child Molestation or indecent acts.
Penalty
- A person convicted of Enticing a Child for indecent purposes shall be punished by imprisonment for not less than 10 years nor more than 30 years.
- After the offender is released from prison, he or she must register with the Sex Offender Registry.
- If the victim is at least 14 but less than 16 years of age and the person convicted of Enticing a Child for indecent purposes is 18 years of age or younger and is no more than four years older than the victim, such person shall be guilty of a misdemeanor and shall not be punished with having to register with the Sex Offender Registry.
Incest
Definition
- A person commits the offense of Incest when the person engages in sexual intercourse with a person to whom he or she knows he or she is related either by blood or by marriage as follows: Father and Daughter/Stepdaughter, Mother and Son/Stepson, Brother and Sister of whole blood or of the half blood, Grandparent and Grandchild, Aunt and Nephew, or Uncle and Niece.
Penalty
- A person convicted of Incest shall be punished by imprisonment not less than 10 years nor more than 30 years.
- If a person is convicted of Incest of a Child under the age of 14 shall be punished by imprisonment not less than 25 years nor more than 50 years.
Masturbation for Hire
Definition
-A person, including a masseur or masseuse, commits the offense of masturbation for hire when he or she erotically stimulates the genital organs of another, whether resulting in orgasm or not, by manual or by bodily contact exclusive to sexual intercourse or by instrument manipulation for money or the substantial equivalent thereof.
Penalty
- A person committing the offense of masturbation for hire shall be guilty of a misdemeanor.
Necrophilia
Definition
- A person commits the offense of Necrophilia when he or she performs any sexual act with a dead human body involving the sex organs of the one and the mouth, anus, penis, or vagina of the other.
Penalty
- A person convicted of the offense of Necrophilia shall be punished by imprisonment for not less than 1 year nor more than 10 years.
Pimping
Definition
A person commits the offense of pimping when he or she performs any of the following acts:
-Offers or agrees to procure a prostitute for another.
-Offers or agrees to arrange a meeting of persons for the purpose of prostitution.
-Directs or transports another person to a place when he or she knows or should know that the direction or transportation is for the purpose of prostitution.
-Receives money or other thing of value from a prostitute, without lawful consideration, knowing it was earned in whole or in part from prostitution.
-Aids or abets, counsels, or commands another in the commission of prostitution or aids or assists in prostitution where the proceeds or profits derived therefrom are to be divided on a pro rata basis.
Penalty
-A person convicted of the offense enumerated in Code Section 16-6-9 shall be punished as for a misdemeanor of a high and aggravated nature.
-A person convicted Pimping shall be fined $2,500.00 if such offense was committed within 1,000 feet of any school building, school grounds, public place of worship, or playground or recreation center which is used primarily by persons under the age of 17 years.
Prostitution
Definition
-A person commits the offense of prostitution when he or she performs or offers or consents to perform a sexual act, including but not limited to sexual intercourse or sodomy, for money or other items of value.
Penalty
-A person convicted of Prostitution shall be punished as for a misdemeanor.
-A person convicted Pimping shall be fined $2,500.00 if such offense was committed within 1,000 feet of any school building, school grounds, public place of worship, or playground or recreation center which is used primarily by persons under the age of 17 years.
Public indecency
Definition
- A person commits the offense of public indecency when he or she performs any of the following acts in a public place:
-An act of sexual intercourse.
-A lewd exposure of the sexual organs.
-A lewd appearance in a state of partial or complete nudity.
-A lewd caress or indecent fondling of the body of another person.
Penalty
- A person convicted of the offense of Public Indecency shall be punished as for a misdemeanor.
- Upon a third or subsequent conviction for Public Indecency shall be guilty of a felony and shall be punished by imprisonment for not less than 1 year nor more than 5 years.
Rape (Also includes: Acquaintance/Date Rape, Drug Facilitated Rape, Partner Rape, and Stranger Rape)
Definition
- Rape occurs when sex is non-consensual (not agreed upon), or a person forces another person to have sex against his or her will. It also can occur when the victim is intoxicated from alcohol or drugs. Rape includes intercourse in the vagina, anus, or mouth. It is a felony offense, which means it is among the most serious crimes a person can commit. Rape is a crime that can happen to men, women, or children.
Penalty
- A person convicted of Rape shall be punished by imprisonment not less than 25 years and not exceeding life. After release from prison, the offender is punished by life probation.
- After the offender is released from prison, he or she must register with the Sex Offender Registry.
Publication of Name or Identity of Female Raped or Assaulted
Definition
- It is unlawful for any news media or any other person to print and publish, broadcast, televise, or disseminate through any other medium of public disseminate or cause to be printed and published, broadcast, televised, or disseminated in any newspaper, magazine, periodical, or other publication published in this or through any radio or television broadcast originating in the state the name or identity of any female who may have been raped or upon whom an assault with intent to commit the offense of rape may have been made.
Penalty
- Any person or cooperation violating this law shall be guilty of a misdemeanor.
Sexual Assault
Definition
- A person commits the offense of Sexual Assault when such person has supervisory or disciplinary authority over another person and such person engages in sexual contact with that other person.
Penalty
-A person convicted of Sexual Assault shall be punished by imprisonment not less than 10 years nor more than 30 years.
-If a person is convicted of Sexual Assault of a Child under 14, shall be punished by imprisonment not less than 25 years nor more than 50 years.
Sexual Battery
Definition
- A person commits the offense of sexual battery when he or she intentionally makes physical contact with the intimate parts of the body of another person without the consent of that person.
Penalty
- A person convicted of Sexual Battery shall be punished as for a misdemeanor of a high and aggravated nature.
- A person convicted of Sexual Battery of any child under the age of 16 shall be guilty of a felony and shall be punished by imprisonment not less than 1 year nor more than 5 years.
Aggravated Sexual Battery
Definition
- A person commits the offense of Aggravated Sexual battery when he or she intentionally penetrates with a foreign object the sexual organ or anus of another person without the consent of that person.
Penalty
- A person convicted of Aggravated Sexual Battery shall be punished by imprisonment for life or by imprisonment not less than 25 years and not exceeding life.
- After release from prison, the offender is punished by life probation.
- After the offender is released from prison, he or she must register with the Sex Offender Registry.
Sodomy
Definition
- A person commits the offense of Sodomy when he or she performs or summits to any sexual act involving the sex organs of one person and the mouth or anus or another.
Penalty
- A person convicted of Sodomy shall be punished by imprisonment not less than 1 year nor more than 20 years.
- If offender commits Sodomy against a minor; after the offender is released from prison, he or she must register with the Sex Offender Registry.
Aggravated Sodomy
Definition
- A person commits the offense of Aggravated Sodomy when he or she Sodomy with force and against the will or another person or when he or she commits Sodomy with a person less than 10 years of age.
Penalty
- A person convicted of Aggravated Sodomy shall be punished by imprisonment for life or imprisonment not less than 25 years and not exceeding life. than 20 years.
- After release from prison, the offender is punished by life probation.
- After the offender is released from prison, he or she must register with the Sex Offender Registry.
Solicitation of Sodomy
Definition
- A person commits the offense of Solicitation of Sodomy when he or she solicits another to perform or submit to an act of Sodomy.
Penalty
- A person convicted of Solicitation of Sodomy shall be punished as for a misdemeanor.
- A person convicted of Solicitation of Sodomy when such offense involves the solicitation of a person or persons under the age of 18 years to perform or submit to an act of Sodomy for money shall be guilt of a felony and shall be punished by imprisonment for a period of not less than 5 years nor more than 20 years and shall be fine not less than $2,500.00 nor more than $10,000.00.
Stalking
Definition
- A person commits the offense of stalking when he or she follows, places under surveillance, or contacts another person at or about a place or places without the consent of the other person for the purpose of harassing and intimidating the other person
Penalty
- A person who commits the offense of stalking is guilty of a misdemeanor.
- Upon the second conviction, and all subsequent convictions, for stalking, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than 1 year nor more than 10 years.
Aggravated Stalking
Definition
-A person commits the offense of aggravated stalking when such person, in violation of a bond to keep the peace, temporary restraining order, temporary protective order, permanent restraining order, permanent protective order, preliminary injunction, good behavior bond, or permanent injunction or condition of pretrial release, condition of probation, or condition of parole in effect prohibiting the behavior described in this subsection, follows, places under surveillance, or contacts another person at or about a place or places without the consent of the other person for the purpose of harassing and intimidating the other person.
Penalty
-A person convicted of Aggravated Stalking shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than 1 year nor more than 10 years and by a fine of not more than $10,000.00.
Statutory Rape
Definition
- A person commits the offense of Statutory Rape when he or she engages in sexual intercourse with any person under the age of 16 years.
Penalty
- A person convicted of Statutory Rape shall be punished by imprisonment not less than 1 year nor more than 20 years.
- If the person convicted of Statutory Rape is 21 years of age or older, he or she shall be punished by imprisonment not less than 10 years nor more than 20 years.
- After the offender is released from prison, he or she must register with the Sex Offender Registry.(Unless offender is 18 years or younger)
The following crimes also require the offender to register with the Sex Offender Registry:
-Kidnapping of a minor, except by a parent.
-False imprisonment of a minor except by a parent.
-Criminal sexual conduct toward a minor.
-Solicitation of a minor to engage in sexual contact.
-Use of a minor in sexual performance.
-Solicitation of a minor to practice prostitution.
-Any conviction resulting from an underlying sexual offense against a victim who is a minor.
-Use of a minor to engage in any sexually explicit conduct to produce any visual medium depicting such conduct.
-Creating, publishing, selling, or distributing any material depicting a minor engaged in sexually explicit conduct.
-Transmitting, making, selling, buying, or disseminating by means of a computer any descriptive or identifying information regarding a child for the purpose of offering or soliciting sexual conduct of or with a child or the visual depicting of such conduct.
These laws may vary from State to State. The above list is what Georgia considers Sexual Crimes.