Legal Question in Criminal Law in Georgia

Minor coerced into sodomy, charges pending against minor

My best friend in Marietta, GA has a 13 year old daughter that was coerced into sodomizing 4 older boys. (ages 15 to 17).

4 days after reporting the incident, and about a week after it occured, the investigator assigned to the case questioned the boys, who told him that the minor girl child participated of her own free will, and that it was not all 4 boys that ''participated'' but only 1.

In light of this 'new information' the investigator told the child's mother that for charges to be pressed against these 4 boys, they would also have to charge the 13 year old girl with ''comitting an illicit sexual act''; and that it was up to the mother to contact them if she wished them to proceed.

Please tell me that the laws in Marietta, and in the state of Georgia do not really work that way!

How can a minor child be molested (in the eyes of the law) and yet still be charged with committing an act that the law says she cannot be responsible for?

Any help would be appreciated.


Asked on 3/06/04, 2:09 am

1 Answer from Attorneys
Jim Hough Thomas J. Hough, Jr., P.C.

Re: Minor coerced into sodomy, charges pending against minor

My response is not likely to satisfy you, but I believe it to be correct.

If your friend's daughter was coerced, then she is not guilty in the eyes of the law. If she participated voluntarily, then there is something for consideration by the Court. The investigator, apparently, is of the opinion the true circumstances are not clear either way.

The part I disagree with is whether or not the child has to elect to be prosecuted in order to pursue her complaints against the offenders.

The age disparity certainly speaks to the likelihood that the child was coerced. What seems unusual in my experience is the position taken by the investigator to even question the allegations of the child. Not that in some cases it ought to be done, rather it is almost never the case that the allegations of a victim are questioned in cases involving a minor.

I understand your outrage, but our system is one which involves allegations and then proof. It is up to the investigator to frame the issues, and up to the prosecutor to prove them. Until then, the conclusion the child was coerced is merely an allegation.

Please urge your friend to secure representation for the child. If she can't afford counsel, ask that one be appointed.

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Answered on 3/06/04, 12:14 pm


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