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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.
Read on to learn what constitutes statutory rape in Georgia, if the state has a Romeo and Juliet exception, and more about Georgia dating and sexting law. Maha represents clients in state and federal court litigation as well as administrative proceedings. Her practice specializes in the areas of personal injury, criminal defense, and real estate closings.
Published on: May 4, Last updated on: June 10, Amircani Law is a small-firm by de, in order to provide clients the best and most responsive service possible. See also:. According to state law, statutory rape in Georgia is sex with a person under the age of The law defines the age of 16 as the point at which a person may legally consent to sex.
In Georgia, statutory rape is classified as a felony. It is a strict liability crime, no intent element is required except intending to do the act. There is one major exception to Georgia statutory rape law: the spouse exception. An underage person can consent to sex with their spouse in the state of Georgia. If your situation sits in the gray-area of these laws, you may be best off speaking with a criminal attorney in Atlanta about your case.
In the state of Georgia, rape is defined as the act of carnal knowledge of a female with force and against her will. Carnal knowledge is technically defined as penetration of the female sex organ by the male sex organ. However, statutory rape does not necessarily include the use of force, and other sexual acts such as oral sex may fall under statutory rape.
Many states recognize the modern reality of underage sex and are more lenient when it comes to consensual sex between parties close in age. In Georgia, consensual sex between someone who is 14 or 15 years old and someone who is under 18 years old and no more than 4 years older than the first person is classified as a misdemeanor.
Conversely, when the age gap is larger and one party has authority over the other, the punishments are more severe. Common examples include teacher-student, parent-guardian, public officials. When the convicted person is under 21 years old, their felony conviction for statutory rape carries a sentence of one to twenty years in prison.
If the convicted is age 21 or older, then the minimum sentence is ten years and the maximum is twenty years. In this case, the convicted person must also register as a sex offender. Misdemeanor charges are less severe. They can require jail time of up to one year, and the sentencing court has the power to use probation, community service, and fines.
Whether you are facing a misdemeanor or a felony statutory rape charge, contacting a criminal defense attorney ASAP can help protect your rights and avoid a tough sentence. Any person convicted under this subsection of the offense of statutory rape shall, in addition, be subject to the sentencing and punishment provisions of Code Section Contact Amircani Law Today.
This means that persons aged 15 and younger do not have a legal capacity to consent to sexual activity under the law. While no closing in age exemptions exist in Georgia, in the event the offender is under age 19 and the victim is no more than 4 decades younger, the crime is classified as a misdemeanor as opposed to a felony. This distinction opens the possibility of taking advantage of the Georgia First Offender Act provisions, which help first time offenders avoid permanent records.
In the United States, state law determines the age of consent for citizens in that state. Age of consent in the U. One must be 18 or older to marry without parental consent in Georgia. In Georgia, there are other crimes besides statutory rape that are related to age of consent and child abuse. Sexual activity with an underage person may be charged as the below-listed offenses:.
If you are accused of statutory rape or any of these crimes in Georgia, find an experienced criminal defense attorney who can review the facts of your case Age of consent for dating in georgia advise you how to proceed. In Georgia, there is no Romeo and Juliet Law, but there is an exception for some cases that reduce the statutory rape charge to a misdemeanor.
This exception applies to defendants aged 18 or younger that are within four years older than the victim. The Romeo and Juliet Laws that exist in some states allow young people to consent to sex with someone else who is close to their age, even if the first party is below the standard age of consent for that state.
For example, Delaware provides that the age of consent is However, they have an exception that permits 16 and year-olds to consent to sex with partners up to age Because Georgia has no Romeo and Juliet or close-in-age exception, the of statutory rape cases can vary widely across the state depending on the circumstances. For example, it is possible for two underage sex partners in Georgia to each get charged with statutory rape. Georgia can charge in cases where a year-old willingly had sex with a 16 or year-old partner since the year-old could not legally grant consent.
The Genarlow Wilson case was an example of the arbitrary nature of sex act violations between young people; at 17 Age of consent for dating in georgia old, his age did not prevent him from receiving a felony charge and a minimum ten-year sentence, though the sex was consensual.
For help navigating these complex circumstances, your best bet is to reach out to a trustworthy attorney in Atlanta GA. However, these situations frequently lead to complications, so it may be best to avoid the situation entirely. For instance, dating a minor as an adult in Georgia might lead to charges of contributing to the delinquency of a minor or custodial interference.
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 courtlike at the Atlanta Municipal Courtthe law can apply more flexible remedies and protect privacy with sealed records and closed proceedings. However, sexting convictions can carry heavy fines and ificant sentences for teens, whether tried as adults or juveniles. In a well-publicized casea 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 Billwhich 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 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.
Statutory Rape Georgia. Criminal Defense. Practice Areas. Amircani Law is an Atlanta attorney who specializes in helping clients facing statutory rape charge in Georgia to help clear their name. Maha Amircanithe founder of Amircani Law works diligently for each client. A native of Georgia, Maha Amircani knows the lay of the land and can help bring clarity to an otherwise confusing and scary situation. Statutory Rape in Georgia: Get the facts first and the help you need.
Age of Consent in Georgia. The age of consent in Georgia is 16 years old. Sexual activity with an underage person may be charged as the below-listed offenses: Aggravated child molestation: Felony punishable by life imprisonment or 25 years to life followed by probation for life.
Aggravated sexual battery: Felony punishable by a life sentence or a split sentence of 25 years to life with lifetime probation. Child molestation: 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. Incest: Felony punishable by years in prison. Sexual Battery: Felony punishable by years in prison. Trafficking a person for involuntary labor or sexual servitude.
Romeo and Juliet Law Georgia.
Romeo and Juliet Laws are exceptions to statutory rape granted in cases where both parties are teenagers or close in age. Get Help with Statutory Rape Georgia. Dating Laws in Georgia.
In Georgia, dating between adults and minors is not illegal in and of itself. Georgia Sexting Laws.
Juvenile courts can use probation, fines, community service, or other punishments deemed appropriate. When tried as an adult teen, the penalties range from years in jail or years in prison for felonies. Georgia Sexting Laws Help. Statutory Rape in Georgia. The statutory rape laws in Georgia make age the fulcrum for punishment, even if the victim acted voluntarily and misrepresents their age.
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What Is the Age of Consent in Georgia?