Crimes against sexual freedom and inviolability belong to one of the most serious categories in Georgian criminal legislation. Charges for such offenses not only carry heavy penalties (often lengthy imprisonment) but also imply the application of a specific legal regime to the convict. In 2020, Georgia adopted the Law on "Fighting Against Crimes Directed at Sexual Freedom and Inviolability," which created a registry for convicted sex offenders and established strict mechanisms for the deprivation of rights. This means that a person may be prohibited from working in educational institutions, contacting minors, being present in certain areas, and exercising other civil rights.
Defense in this category of cases requires exceptional caution, confidentiality, and high professionalism, as the social stigma and legal consequences are severe. The lawyer's role is not only to refute the charges but also to ensure that restrictions on the person's rights are imposed only in strict accordance with the law and not on an unjustifiably broad scale.
What does the Sex Offender Defense service cover?
Lawyers on our platform offer comprehensive legal services, which include:
- Detailed analysis of case materials: Scrupulous study of evidence (DNA, medical expertise, electronic correspondence, witness testimonies) to identify weaknesses in the prosecution's case.
- Fighting against the rights deprivation mechanism: The law allows the court to determine the duration and scope of rights deprivation. The lawyer works to ensure these restrictions are minimal and proportionate.
- Monitoring issues: Protecting the client's rights during the monitoring process carried out by the Ministry of Internal Affairs to prevent unjustified intrusion into their private life.
- Conducting alternative expertise: Appointing psychological and biological expertise to strengthen the defense position.
- Reputation risk management: Maintaining maximum confidentiality and requesting closed court hearings.
Common Scenarios and Charges
The spectrum of sexual offenses is broad and includes:
- Rape (Article 137): Sexual intercourse involving violence, threat of violence, or exploiting the victim's helpless state.
- Other acts of sexual character (Article 138): Non-coital sexual violence.
- Lewd acts (Article 141): Sexual acts committed by an adult with a person under 16 without violence.
- Cybercrimes: Purchasing, storing, or distributing pornographic material involving minors, as well as online solicitation (Grooming).
Georgian Legislation and the Registry
The field is regulated by Chapter XXII of the Criminal Code of Georgia and the 2020 Law on "Fighting Against Crimes Directed at Sexual Freedom and Inviolability." This law establishes that a convict may be deprived by court decision of: the right to work in educational and care institutions; the right to contact minors; the right to be in certain places; passive suffrage; the right to manufacture/carry weapons, and more. Also, a database is created, managed by the Ministry of Internal Affairs, which conducts regular monitoring.
Process and Stages
The defense strategy includes:
- Preliminary investigation: Immediate lawyer involvement from the moment of arrest, consultation on giving testimony, and monitoring the legality of initial investigative actions (search, seizure).
- Expertise: Reviewing DNA and psychological expertise conclusions.
- Court hearing: Presenting evidence before a jury or judge.
- Post-sentencing stage: Working on reviewing the terms of rights deprivation or mitigating the regime within legal limits.
Why Legal.ge?
Charges of sexual offenses are often based solely on the victim's testimony or indirect evidence. Legal.ge gives you access to lawyers with experience in the most complex criminal cases. Through our platform, you will find a specialist who will protect your rights without discrimination or prejudice, with a full guarantee of confidentiality.
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