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Sodomy Charges

Sodomy is a word with Biblical roots. It's a reference to the city of Sodom in the Book of Genesis, a city destroyed by God for its depravity and deviancy. That's not something you'd want associated with your name. But sodomy is a common sex crime charge in Alabama, and one with very serious consequences. If you are charged and convicted of sodomy, your name could be associated with depravity and deviancy for the rest of your life.

Sodomy is a charge that is similar to rape, except it does not involve a narrowly defined definition of sexual intercourse. It's punished just as harshly. People accused of sodomy face long prison times and hefty fines. They are also required to register in a public database, where anyone can find their name, address, where they work and what they were convicted of. A strong defense could make all the difference of whether your record is clean or has "sodomy" written on it.

Huntsville Sodomy Defense Lawyer

If you've been charged with this offense, let our experienced lawyers at The Law Offices Of Segal & Segal fight the charges for you. Our lawyers are experienced in handling sex crimes, including sodomy. Alabama laws reflect the contempt and disdain of our court system for those accused of sexual crimes. But at Segal and Segal no matter what your circumstances are, what you wish for justice or mercy we believe in respect. The principles behind "innocent until proven guilty" are part of what drives us as lawyers. 

We will fight for you to retain your liberty and your dignity. Call us at (256) 533-4529 or send an online message today or send an online message to set up a free consultation to discuss your charges with our lawyers.

Andrew Segal and Sandra Segal have courtroom experience both prosecuting and defending those accused of crimes. Sandra Segal is a former Assistant City Attorney for Huntsville. Andrew Segal is a former Assistant District Attorney for Madison County and a former Assistant Attorney General for Alabama. Our criminal defense lawyers practice serve with honor and integrity, so that judges, jurors and even prosecutors trust us — which is an immensely important trait for your advocate when you've been charge with something like sodomy.

We serve clients charged with sodomy throughout the Huntsville-Decatur area, including Madison County, Morgan County, Marshall County, Limestone County and Jackson County.


Information on Sodomy Charges Under Alabama Law


How Does Alabama Define Sodomy?

You may be surprised that sodomy is a crime that Alabama charges people with in this age. You might be more familiar with the traditional definition of sodomy, as sex between two consenting adults that does not involve the penis penetrating the vagina.

However, sodomy has a very specific definition under Alabama law. It's similar to the Alabama rape statute, except that the law for rape is very specific to a man's penis penetrating a woman's vagina, whereas sodomy refers to penetration of the sexual organ, mouth or anus of a person by anything else. The law refers to this as "deviate sexual intercourse." If a person is accused of penetrating a person of the same sex, the charge will most likely be sodomy.

The sodomy law defines two different "degrees." Sodomy in the first degree, defined in Alabama Code Section 13A-6-63, is when the accused engages forcibly causes the sexual organ of one person to penetrate the mouth or anus of another. "Forcibly" can mean either by actual physical force or by threat of immediate death or serious injury to either the victim or another person.

This charge, therefore, covers claims of forcible oral or anal sex. The charge also covers instances in which the accused allegedly caused penetration by or of a person not capable of consenting because of physical helplessness or mental incapacity or if the accused is older than 16 and the alleged victim is younger than 12. If the victim is unconscious or otherwise physically unable to communicate any lack of consent, he or she is physically incapacitated. If the victim is allegedly drugged or given alcohol without consent, he or she is mentally incapacitated.

Under Alabama Code Section 13A-6-64, sodomy in the second degree is when the accused is older than 16 and engages in oral or anal sex with anyone between the ages of 12 and 16, unless the accused's age is within two years of the victim. This charge can also include cases in which the victim suffers from mental illness or disability meaning he or she is unable to give consent.


Penalties for Sodomy Conviction in Madison County

Sodomy in the first degree is a Class A felony, punishable by 10 to 99 years in prison or life, and up to a $60,000 fine. Sodomy in the second degree is a Class B felony, punishable with two to 20 years in prison and up to a $30,000 fine. If you've been convicted of a felony already, a first degree sodomy charge could change to a minimum 15 years in prison and up to 99 years or life, and for a second degree charge, you could be sentenced to 10 to 99 years. If you've been convicted of more than one felony, the punishments get worse.

But prison time and fines are only the beginning. Once released, you will be required to register with the Sex Offender Database. The database lists your name, age, address, a photo, the address of where you work, what you were convicted of and the age and gender of the victim. It's available to anyone online. Potential employers will be able to see your conviction and have to decide whether they want to hire someone knowing their address will be listed on the database.

Your neighbors will also be notified by the police, and you will not be allowed to live within 2,000 feet of a school or child care center, and you may not live with a minor unless certain legal qualifications are met where the child is your child, stepchild, grandchild or sibling.


Potential Defenses to Sodomy Charges

Sodomy is a serious charge and requires a serious defense. An experienced criminal defense attorney can help you build that defense and fight for you. Sodomy cases can be founded in false accusations and exaggerated claims. A Huntsville sodomy lawyer can expose those falsehoods and find the holes in the prosecution's case.

The prosecution must prove their case "beyond a reasonable doubt," meaning that, other than some far-fetched or improbable scenario, there is no doubt in the jury's minds that what happened was what the prosecution says happened. Huntsville district attorneys meet this high standard every day, as difficult as it sounds. A sex crimes lawyer in Huntsville fighting on your behalf with experience and skill can exploit every weakness in their case.


Protecting the Rights of Those Accused of Sodomy in Huntsville

If you've been arrested for sodomy in the Huntsville-Decatur area, make sure you are prepared with the best defense available. Our lawyers can help you build that defense. We will fight for your rights, and will seek to help you preserve your liberty and dignity. Call us today at (256) 533-4529 or send an online message for a free consultation.