
VARNELL, Ga. ā A 30-year-old Dalton man who was found toĀ have had sexual intercourse with a 15-year-oldĀ femaleĀ in aĀ vehicle by a Varnell Police Department officer in June pleaded guilty to statutory rape and was sentenced to one year inĀ jail and seven years on probation.
Christopher Avery Adams, of 800 Autumn Court-3, was indicted for statutory rape and child molestation but the child molestation charge was dropped by prosecutors as part of a plea deal. Varnell Police had initially charged Adams with statutory rape, child molestation, enticing a child for indecent purposes and contributing to the delinquency of a minor.Ā
Adams was inĀ jail from the time of his arrest in June untilĀ being released in December. As part of his sentencing, he will get credit for the
time served. He is back in the Whitfield County jail. He also was fined $1,000, must pay court costs and fees, must register as a sex offender andĀ abide by sex offenderĀ conditions, and perform 300 hours of community service upon his release.Ā
Adamsā attorney, Anna P. Johnson, said the dropping of the other chargesĀ was because the 15-year-old told Adams she was 19.Ā Johnson said Adams had no idea theĀ female was a minor.
āEven the police were surprised when she told them how old she was,ā Johnson said. ā(Adams) immediately told the police he had no idea she was underage. It was a case that could have happened to anyone. He had no clue that she was underage. She admitted that to the police that he had no clue. He thought she was 19 and an adult. To me, it is heartbreaking, and he surely doesnāt need to be labeled as a sex offender for the rest of his life. But the law is the law.ā
District Attorney Bert Poston wrote in an email that not knowing the age of theĀ female was āno defense,ā but the circumstances were taken into account in the plea deal.Ā
āActual knowledge of a victimās age is not an element of the crime of either statutory rape or child molestation,ā Poston wrote. āMistake of fact about such age is no defense. Nevertheless, we routinely take those sorts of issues into account along with all of the other facts and circumstances of a case when making negotiated plea offers including both the terms of the sentence and what charges they will plea to and what charges will be dismissed. Ā
āWe felt that the terms of the plea in this case were reasonable under all of the circumstances and the victimās mother agreed and supported the negotiated plea.ā
According to a press release on the Varnell Police Department Facebook page at the time of Adamsā arrest, an officer responded to a call of āa suspicious vehicle … inside the Springs Subdivision off State Route 2.ā The press release said the officer found a vehicle parked but with its engine running and ātwo occupants (male and female) inside engaged in lewd behaviors and activities.
āBoth occupants had been involved in sexual intercourse prior to the arrival of our officer, and these activities were still present and/or ongoing to a certain degree upon the arrival of our officer,ā the press release said. āThe evidence of these sexual activities were observed by our officer inside the vehicle, and the evidence was recorded on camera and collected …ā