In Georgia, a sex crime is considered a serious offense, and there are strict laws in place to penalize offenders. U.S. citizens who commit sex crimes are prosecuted to the fullest extent of the law. Sex crimes carry a heavy social stigma. They often involve a sentence of incarceration. If you are facing sex crime charges, this can negatively affect every aspect of your life.
As a defense attorney can explain, if you are a non-US citizen-facing sex crime charges, you risk being penalized even more harshly. In addition to a criminal judgment, you are very likely to face removal proceedings leading to criminal deportation with no right to reentry. As sex crimes are considered grievous crimes of moral turpitude, you are likely to be denied U.S. citizenship if you are in the process of applying for it. If you are an immigrant facing sex charges, you are in a tough spot. Having a qualified Atlanta sex crimes lawyer by your side can be vital to achieving the best possible outcome in your matter.
Sex crimes refer to an umbrella of offenses that usually involve violence while committing a sexual act, a lack of consent by the other party, or a sexual act with a child or a person who is legally unable to give consent. Sexual assault may involve threatening behavior, battery, or other forms of violence. Any form of sexual misconduct can rise to the level of a sex crime, whether it includes kissing, touching, groping or penetration.
The following are a list of sex crimes:
In the state of Georgia, if non-citizens are convicted of a sex crime and have not been deported, they are required to register as sex offenders. They will need to provide all local police stations with their contact information, such as their name address, and must provide a photo of themselves. This information is then added to a national online database and is accessible by the general public.
U.S. immigration officials are likely to initiate removal proceedings against a non-citizen who has been charged with a serious crime of moral turpitude. Common sex crimes satisfy this threshold. In addition to being grounds for removal, crimes of moral turpitude also affect one’s residency status.
As stated in the Immigration and Nationality Act (INA) Section 212, when non-citizens have been convicted of a crime of moral turpitude, or, short of conviction, have made a formal admission to the crime, their application for a visa or green card will likely be blocked. As per INA Section 237, a Legal Permanent Resident (LPR) will likely lose their green card status in addition to facing removal proceedings.
Crimes of moral turpitude are considered evidence of the non-citizen’s lack of good moral character. As being able to show good moral character is a requirement to the naturalization process, an LPR who has a crime of moral turpitude on their record will not be successful in their application for citizenship.
In addition to sex crimes, other crimes that fall under the moral turpitude category include murder, aggravated assault, and robbery.
If you are a non-citizen facing sex crime charges, you are in a serious situation. As noted above, admission to a crime can be grounds for removal proceedings, even before the conviction has been finalized by a court of law.
Due to factors such as language barriers and the possibility of coercion at the time of admission, it is crucial to contact an Atlanta sex crimes lawyer to discuss your options in detail. Call today for a consultation.