2021 Georgia Code
Title 16 - Crimes and Offenses
Chapter 6 - Sexual Offenses


Cross references.

- Actions for childhood sexual abuse, § 9-3-33.1.

Sexual assault protocol, T. 15, C. 24.

Obscenity and related offenses, § 16-12-80 et seq.

Examination of sexual assault victims, § 35-1-2.

Law reviews.

- For article surveying legislative and judicial developments in Georgia local government law for 1978-79, see 31 Mercer L. Rev. 155 (1979). For annual survey of criminal law and procedure, see 35 Mercer L. Rev. 103 (1983). For article, "Gender and Justice in the Courts: A Report to the Supreme Court of Georgia by the Commission on Gender Bias in the Judicial System," see 8 Ga. St. U. L. Rev. 539 (1992). For article, "Sex Crimes in the 21st Century: Human Trafficking, Pornography, and Prostitution Church, State and Sex Crimes: What Place for Traditional Sexual Morality in Modern Liberal Societies?," see 68 Emory L.J. 837 (2019). For article, "Sex Crimes in the 21st Century: Human Trafficking, Pornography, and Prostitution the Problems with Pornography Regulation: Lessons from History," see 68 Emory L.J. 867 (2019). For article, "Sex Crimes in the 21st Century: Human Trafficking, Pornography, and Prostitution Changing Faces: Morphed Child Pornography Images and the First Amendment," see 68 Emory L.J. 909 (2019). For note on the 1994 amendments of Code Sections 16-6-1 to 16-6-2, 16-6-4, 16-6-22.2 of this chapter, see 11 Ga. St. U. L. Rev. 159 (1994). For note, "A Modern Day Arthur Dimmesdale: Public Notification When Sex Offenders Are Released into the Community," see 12 Ga. St. U. L. Rev. 1187 (1995). For note on civil commitment and the right to treatment of sexually violent predators, see 32 Ga. L. Rev. 1261 (1998).

JUDICIAL DECISIONS

Admissible evidence.

- In crimes involving sexual offenses, evidence of similar previous transactions is admissible to show the lustful disposition of the defendant and to corroborate the testimony of the victim as to the act charged. Felts v. State, 154 Ga. App. 571, 269 S.E.2d 73 (1980); Phelps v. State, 158 Ga. App. 219, 279 S.E.2d 513 (1981); Green v. State, 177 Ga. App. 591, 340 S.E.2d 195 (1986).

Cited in Giles v. State, 143 Ga. App. 558, 239 S.E.2d 168 (1977); City of Atlanta v. McCary, 245 Ga. 582, 266 S.E.2d 193 (1980).

RESEARCH REFERENCES

Defense to Charges of Sex Offense, 24 POF2d 515.

Damages for Sexual Assault, 15 POF3d 259.

Sexual Organ Injuries: Male Genitalia, 70 POF3d 229.

Representing Sex Offenders and the "Chemical Castration Defense," 34 Am. Jur. Trials 1.

When Clergy Fail Their Flock: Litigating the Clergy Sexual Abuse Case, 91 Am. Jur. Trials 151.

ALR.

- Subsequent marriage as bar to prosecution for rape, 9 A.L.R. 339.

Civil liability for carnal knowledge with actual consent of girl under age of consent, 79 A.L.R. 1229.

Former acquittal or conviction under indictment or other information for rape or other sexual offense which does not allege that female was under age of consent as bar to subsequent prosecution under indictment or information which alleges that she was under age of consent; and vice versa, 119 A.L.R. 1205.

Admissibility, in prosecution for sexual offense, of evidence of other similar offenses, 167 A.L.R. 565; 77 A.L.R.2d 841.

Indecent proposal to woman as assault, 12 A.L.R.2d 971.

Statutes relating to sexual psychopaths, 24 A.L.R.2d 350.

Validity and construction of statute or ordinances forbidding treatment in health clubs or massage salons by persons of the opposite sex, 51 A.L.R.3d 936.

Antagonistic defenses as ground for separate trials of codefendants in criminal case, 82 A.L.R.3d 245.

What constitutes offense of "sexual battery,", 87 A.L.R.3d 1250.

Remoteness in time of other similar offenses committed by accused as affecting admissibility of evidence thereof in prosecution for sex offense, 88 A.L.R.3d 8.

Time element as affecting admissibility of statement or complaint made by victim of sex crime as res gestae, spontaneous exclamation, or excited utterance, 89 A.L.R.3d 102.

Propriety of, or prejudicial effect of omitting or of giving, instruction to jury, in prosecution for rape or other sexual offense, as to ease of making or difficulty of defending against such a charge, 92 A.L.R.3d 866.

What constitutes such discriminatory prosecution or enforcement of laws as to provide valid defense in state criminal proceedings, 95 A.L.R.3d 280.

Admissibility, in rape case, of evidence that accused raped or attempted to rape person other than prosecutrix, 2 A.L.R.4th 330.

Admissibility, weight, and sufficiency of blood-grouping tests in criminal cases, 2 A.L.R.4th 500.

Entrapment defense in sex offense prosecutions, 12 A.L.R.4th 413.

Necessity or permissibility of mental examination to determine competency or credibility of complainant in sexual offense prosecution, 45 A.L.R.4th 310.

Imputation of criminal, abnormal, or otherwise offensive sexual attitude or behavior as defamation - post-New York Times cases, 57 A.L.R.4th 404.

Conviction of rape or related sexual offenses on basis of intercourse accomplished under the pretext of, or in the course of, medical treatment, 65 A.L.R.4th 1064.

Impeachment or cross-examination of prosecuting witness in sexual offense trial by showing that prosecuting witness threatened to make similar charges against other persons, 71 A.L.R.4th 448.

Impeachment or cross-examination of prosecuting witness in sexual offense trial by showing that similar charges were made against other persons, 71 A.L.R.4th 469.

Admissibility, in prosecution for sex-related offense, of results of tests on semen or seminal fluids, 75 A.L.R.4th 897.

Admissibility in prosecution for sex offense of evidence of victim's sexual activity after the offense, 81 A.L.R.4th 1076.

Denial or restriction of visitation rights to parent charged with sexually abusing child, 1 A.L.R.5th 776.

Propriety of publishing identity of sexual assault victim, 40 A.L.R.5th 787.

Sufficiency of allegations or evidence of victim's mental injury or emotional distress to support charge of aggravated degree of rape, sodomy, or other sexual offense, 44 A.L.R.5th 651.

State Law Liability and Relief for "Revenge Porn", 54 A.L.R.7th 2.

Visitation or Custody of Child Allegedly Conceived by Sexual Assault, 54 A.L.R.7th Art. 7.

Gender Bias on Part of Judge or Arbitrator, 55 A.L.R.7th 2.

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