- Provides an affirmative defense to child sex trafficking victims under the age of 18 accused of engaging in certain sexual crimes. However, such protection does not insulate minors from arrest, detention, charges, and prosecution for the offense of masturbation for hire.
GA CODE § 16-3-21(d)(1)-(2) (2020).
- In a prosecution for murder or manslaughter, the defendant, in order to establish the defendant’s reasonable belief that the use of force or deadly force was immediately necessary, may be permitted to offer: Relevant evidence that the defendant had been the victim of acts of family violence or child abuse committed by the deceased and relevant expert testimony regarding the condition of the mind of the defendant at the time of the offense, including those relevant facts and circumstances relating to the family violence or child abuse that are the bases of the expert’s opinion.
- In a prosecution for any offense, the defendant shall be permitted to offer relevant evidence that the defendant had been subjected to acts of family violence, dating violence, or child abuse committed by the alleged victim, as such acts are described in Code Sections 19-13-1,
25 19-13A-1, and 19-15-1, respectively, in order to establish the defendant’s reasonable belief that the threat or use of force or deadly force was immediately necessary. - Relevant evidence includes, but is not limited to:
- Evidence pertaining to the alleged victim’s prior acts, including, but not limited to: evidence indicating the defendant sought law enforcement assistance; evidence indicating the defendant sought services from a counselor, social worker, domestic violence program, or other relevant agency or service provider; evidence indicating the defendant sought medical attention; evidence of the effects of battering and post-traumatic stress disorder on the defendant; and temporary protective order petitions, ex parte orders, and final orders in which the alleged victim is the respondent; expert testimony, including, but not limited to, testimony as to relevant facts and circumstances relating to the family violence, dating violence, or child abuse, as such acts are described in Code Sections 19-13-1, 19-13A-1, and 19-15-1, respectively, that are the bases of such expert’s opinion; and any other evidence the court determines is of sufficient credibility or probative value.
- In a prosecution for any offense, the defendant shall be permitted to offer relevant evidence that the defendant had been subjected to acts of family violence, dating violence, or child abuse committed by the alleged victim, as such acts are described in Code Sections 19-13-1,
25 19-13A-1, and 19-15-1, respectively, in order to establish the defendant’s reasonable belief that the threat or use of force or deadly force was immediately necessary. - Relevant evidence includes, but is not limited to:
- Evidence pertaining to the alleged victim’s prior acts, including, but not limited to: evidence indicating the defendant sought law enforcement assistance; evidence indicating the defendant sought services from a counselor, social worker, domestic violence program, or other relevant agency or service provider; evidence indicating the defendant sought medical attention; evidence of the effects of battering and post-traumatic stress disorder on the defendant; and temporary protective order petitions, ex parte orders, and final orders in which the alleged victim is the respondent; expert testimony, including, but not limited to, testimony as to relevant facts and circumstances relating to the family violence, dating violence, or child abuse, as such acts are described in Code Sections 19-13-1, 19-13A-1, and 19-15-1, respectively, that are the bases of such expert’s opinion; and any other evidence the court determines is of sufficient credibility or probative value.
- Allows individuals to petition the court to vacate a conviction if it was a direct result of being a victim of human trafficking.
Additional Resources
- Expands domestic violence protections to include dating violence.
- Georgia law fails to insulate minors from criminal liability for masturbation for hire.
GA. CODE § 15-11- 130.1 (2022).
- Requires law enforcement and child welfare to refer all suspected cases of commercial sexual exploitation to an available victim assistance organization for services and support.
- Provides that a person who was adjudicated delinquent for certain offenses as a result of being a victim of human trafficking for sexual servitude can petition for a record restriction.
