- Georgia Statutory Rape Laws.
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Consensual dating between adults and minors is not a valid defense for statutory rape in Georgia. Regardless of a consensual relationship, sexual intercourse with a person under the age of 16 in Georgia is statutory rape unless the parties are married. There have been cases where individuals are charged with contributing to the delinquency of a minor for only inviting the child to disobey his or her parents.
But what does Georgia law say about sexting? When done by adults, it is a matter of privacy and they may do what they like. However, when done with or involving minors, the policy against child pornography must be considered. The state of Georgia considers teen texting or sexting nude images to be a misdemeanor when it meets the following criteria: In juvenile court , like at the Atlanta Municipal Court , the law can apply more flexible remedies and protect privacy with sealed records and closed proceedings.
However, sexting convictions can carry heavy fines and significant sentences for teens, whether tried as adults or juveniles. In a well-publicized case , a year old soldier had consensual sex with a year-old who claimed she was The accused and the victim ultimately agreed that she lied about her age and circumstances.
Because the man was over 21, he faced a sentence of ten to twenty years in prison rather than the one to ten-year penalty applicable to defendants under the age of Georgia senators recently proposed Senate Bill , which would eliminate consent as a defense in charges of sexual contact between students and employees of the same school.
The law responded to situations in which students over the age of 16 engaged in consensual sex with adult employees or agents of the school. Teacher and student sex is already prohibited by Georgia law but proposed SB would eliminate close-in-age misdemeanor exceptions for school employee and student cases.
The Genarlow Wilson case illustrates the severe and unreasonable results of a strict application of the statutory rape laws. The Wilson case involves a year-old in consensual oral sex with a year-old girl. Wilson was charged with child molestation and given a ten-year mandatory minimum sentence, and he was placed on the list of sex offenders.
Thus, he will have a lifetime criminal record and reputation as a sex offender that can thwart his participation in society.
If the same situation occurred now, as a first offender, Wilson would be eligible for expungement of his criminal record after completing his sentence, and he would not have to register as a sex offender since the victim and he were both teens, close in age, and consensual partners. Facing a statutory rape charge in Georgia is a serious matter, but you stand a good chance of clearing your name if you are armed with knowledge and a good lawyer.
According to state law, statutory rape in Georgia is sex with a person under the age of Age of Consent in Georgia. The age of consent in Georgia is 16 years old. Felony punishable by life imprisonment or 25 years to life followed by probation for life.
Felony punishable by a life sentence or a split sentence of 25 years to life with lifetime probation. Felony punishable by imprisonment for ten to thirty years or by imprisonment for life. If aggravated, then it is punishable by imprisonment for five to twenty years. However, there can be no conviction for statutory rape in Georgia based only on the unsupported testimony of the victim.
What Is the Age of Consent in Georgia?
There must be some additional evidence. This might include physical evidence, the testimony of another witness, or the admission of the offender. The penalties for violating the statutory rape laws in Georgia are quite stiff. If the perpetrator is over the age of 21, the penalty is 10 to 20 years in prison.
Georgia Age of Consent Lawyers
If both parties are under 18, and there is less than a 4 year age difference between them, it is still illegal for them to have sex in Georgia, but it is treated as a far less severe crime. Statutory rape is punished more severely if the defendant is over the age of If the defendant is 21 years old or older, then statutory rape is punishable by ten to 20 years in prison. People in Georgia who are convicted of statutory rape are required to register as sex offenders if they are over the age of 21 when the offense is committed.
Registered sex offenders are required to give personal information to local police officers on a regular basis and face many restrictions, including holding certain jobs and even going to certain places in the community. In Georgia, there is a Romeo and Juliet exemption for consensual sex between a victim who is 14 or 15 years old and someone who is 18 or younger and no more than four years older than the victim.
However, this is a limited exception because it serves to reduce the conduct from a felony to a misdemeanor offense.
Georgia Age of Consent Lawyers | LegalMatch Law Library
The conduct is still illegal, but someone protected by this exception will face the possibility of smaller fines and reduced jail time. State , S. For example, even if a year-old girl looked like and said that she was older than 16 years old, that would not provide a defense to statutory rape.
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It is a defense to a charge of statutory rape that the child and the defendant are married. This defense is a vestige of the marital rape exemption. A statutory rape conviction can have very serious consequences, including a lengthy prison sentence and sex offender registration. If you are charged with statutory rape, you should contact a Georgia criminal defense attorney.