A Crisp county defendant convicted of Rape successfully modified his probation

The Defendant was convicted about 10 years ago at the age of 17 for the rape of his baby’s mama when he had non-consensual sex with her. He pled guilty and as part of the plea, he agreed to sex offender terms and conditions. Ten years later, he wishes to marry a woman who has three children, but probation will not allow him to live with the children, pursuant to the sex offender conditions. We filed a Motion to Modify the terms of his probation to allow him to reside with the children. The state opposed the motion, stating that he is a dangerous rapist and that he had agreed to the conditions as part of his plea. We argued that although inexcusable, the rape was forced sex on a prior sex partner, not the stalking and rape of a stranger. In addition, there was no allegation that he was a danger to children. He had served 7 years in prison for his crime and thus, paid his dues to society. He was only 17 when he “agreed” to never live with children and had not anticipated that someday he would want a family. It was in societies best interest to encourage him to be part of a family unit. Finally, we pointed out to the court that the original conditions he agreed to allowed the court to grant permission for him to live with children. After hearing argument, the court met independently with the children and then granted the modification to allow the Defendant to live the children!