Practice · Child Molestation Defense

Georgia Child Molestation Defense for allegations that demand careful, quiet work.

Few cases require the level of investigative discipline a child molestation allegation requires. The defense is methodical, careful, and prepared from the first day.

Direct Answer

Child molestation defense in Georgia is the work of testing the State's case under O.C.G.A. § 16-6-4 — forensic interview methodology, witness work, communications evidence, and where appropriate, expert testimony — while addressing the registration and sentencing exposure honestly from the outset.

A child molestation allegation reaches the family before the courtroom. The defense work has to begin with that reality — and with the recognition that nothing about the case is going to be ordinary.

IThe statute and its two tiers

O.C.G.A. § 16-6-4 covers child molestation and aggravated child molestation. The former is a felony with 5- to 20-year exposure on a first conviction. The latter is a serious violent felony under § 17-10-6.1 with a 25-year mandatory minimum. The charging tier is frequently contestable, and the difference between the two tiers is decades.

IIThe forensic interview

The State's case typically rests on a forensic interview conducted at a child advocacy center. The interview is governed by published protocols — RATAC, NICHD, and similar — and is intended to minimize suggestion. In practice, interviews vary substantially. Defense review of the recorded interview against accepted standards frequently identifies leading questions, contamination, prior interview influence, and disclosure timeline issues that affect the weight a jury can give the recording.

IIIDisclosure context and adult conduct

How and to whom a child first disclosed, what the adults in the child's life did with the disclosure, and what subsequent conversations occurred before the forensic interview all matter. The State's narrative is usually the cleaned-up version. Defense work develops the rest.

IVDigital and physical evidence

Phones, tablets, social media, app communications, and household digital evidence are routinely part of these cases. Independent forensic extraction and analysis can recover communications and context the State's report does not address.

VPre-indictment work

Child molestation investigations move at their own pace. The window between investigation and indictment is frequently long enough to do real work — controlled engagement with investigators, careful handling of any interview request, preservation of exculpatory evidence, and where appropriate, presentations to the prosecutor.

VIRegistration and collateral consequences

Conviction requires registration on the Georgia Sex Offender Registry under O.C.G.A. § 42-1-12, with classification consequences that affect residency, employment, and travel. Any plea conversation has to account for these consequences from the beginning, not at the end. See Georgia Sex Crimes Defense for the broader practice context.

A child molestation case is defended with quiet, careful, sustained work — not with volume.

This page is general information about Georgia child molestation defense practice and is not legal advice. Contacting the firm does not establish an attorney-client relationship.

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Frequently Asked

What is the difference between child molestation and aggravated child molestation?

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Child molestation under O.C.G.A. § 16-6-4(a) involves immoral or indecent acts with a child under 16 for purposes of arousing sexual desire. Aggravated child molestation under § 16-6-4(c) involves additional aggravating elements — physical injury, or specific acts — and is a serious violent felony under § 17-10-6.1.

What sentencing exposure applies?

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Child molestation carries 5 to 20 years on a first conviction. Aggravated child molestation carries a 25-year mandatory minimum without parole. Both require registration on the Georgia Sex Offender Registry under O.C.G.A. § 42-1-12.

How are forensic interviews used in these cases?

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Forensic interviews — typically conducted at a child advocacy center — are the State's most important early evidence. Interview methodology is governed by published standards (RATAC, NICHD). Defense work includes detailed review of the interview against those standards.

Are pre-indictment defenses possible?

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Yes. Many child molestation cases enter the system as investigations, sometimes for weeks or months before charges. Representation during that window allows controlled engagement with investigators and, where appropriate, presentations to the prosecutor.

Will the child have to testify?

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Sometimes. Georgia permits forensic interview recordings to be introduced under certain conditions, and the State's trial strategy frequently centers on the recorded interview rather than live testimony. The defense work has to be prepared for both possibilities.

Does the firm accept every child molestation case?

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No. These cases require sustained focus and resources. The firm accepts engagements based on fit and the nature of the work the case requires.

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