Incest & the Gravity of Such Sex Crimes in Georgia

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incest

Just this month, an ex-Georgia high school football star who briefly signed with the Atlanta Falcons was arrested by Columbus police after allegedly sexually abusing a 12-year-old female relative. The man, identified as Justin Crawford, faces felony charges of incest, sodomy and enticing a child for indecent purposes.

The young girl said she had been asleep in the living room when Crawford came in and had her perform oral sex on him before they had intercourse, Columbus Detective Mark Scruggs said at a preliminary hearing that was held in the case a few days after Crawford’s arrest. Scruggs also said that Crawford, after denying the allegations, eventually admitted that he did engage in such conduct with the girl and claimed that it was her idea.

At this time, we don’t know the circumstances surrounding Crawford’s confession—the evidence in this case may or may not support the charges against him. It will be up to a judge or jury to decide. That is, if Crawford doesn’t take a plea deal. However, believe it or not, there are some people who are wrongfully charged with sex crimes such as incest. Often, these people are tried and convicted in the court of public opinion before they are tried in a Court of law. Therefore, in order to receive a fair trial in these types of cases, it is important that the accused consult with an experienced criminal defense attorney who can skillfully and strategically advocate on his or her behalf.

The Crime of Incest in Georgia

Under O.C.G.A. 16-6-22(a), a person commits the offense of incest when such person engages in sexual intercourse or sodomy, with a person whom he or she knows he or she is related to either by blood or marriage as follows:

  • Father and daughter or stepdaughter;
  • Mother and son or stepson;
  • Brother and sister of whole or half-blood;
  • Grandparent and grandchild;
  • Aunt and nephew; or
  • Uncle and niece.

Penalties for Committing the Crime of Incest in Georgia

The penalties for incest in the state of Georgia are harsh; thus, if Crawford is convicted of the alleged crimes against him, he will be going to prison for a very long time. Under O.C.G.A. 16-6-22(b), a person convicted of the offense of incest shall be punished by imprisonment for not less than ten years and no more than 30 years. However, any person convicted of the offense of incest with a child under the age of 14 years old shall be punished by imprisonment for not less than 25 years and no more than 50 years.

Georgia Case Law on Incest

In the case of Pyburn v. State, 301 Ga App. 372 (2009), Thomas Larry Pyburn and his then girlfriend, Teresa Finley, had been dating when she discovered she was pregnant with his daughter. Shortly after, the two ended their relationship. Years later, they reconciled their relationship and got married when the daughter was 14-years-old but later divorced. Finley left the daughter with the defendant and when the daughter was 16-years-old the defendant engaged in sexual relations with her and they had five children together. The defendant argued, at trial, that he did not know that the girl was his biological daughter. However, the State presented evidence that showed that the defendant was informed by the girl’s mother that she was his daughter. Subsequently, a jury convicted the defendant of incest. Pyburn appealed his conviction, claiming ineffective assistance of trial counsel; however, the Georgia Court of Appeals affirmed the jury’s verdict.

Defenses to the Crime of Incest in Georgia

One obvious defense to combat a charge of incest is to prove that the relationship between the victim and the defendant is not one that is defined in the statute and, thus, it should not be considered incest. An example would be that of a brother and step-sister or a sister and step-brother. Neither relationship is defined under the statute and, therefore, do not constitute incest.

Another possible defense would be that the defendant lacked knowledge that he or she was related to the alleged victim as the defendant in Pyburn argued. If the defendant reasonably believed that there was no relation between the two parties and that there was no reason to suspect that they were related, then a charge of incest cannot stand.

The best defense would be to prove that the defendant did not engage in any sexual relations with the alleged victim. Moreover, claiming that the alleged victim consented to the sexual activity is not a defense.

Contact Bixon Law

If you, a family member or loved one has been charged with incest, call Bixon Law today. We will evaluate your case and develop a strategy to move forward with getting you the best possible outcome. One of the mentioned defenses against a charge of incest may be applicable to your case. Don’t wait, give us a call at 404-551-5684 for a free consultation.