Rape is defined as the unlawful sexual intercourse between parties. What makes the sexual intercourse unlawful is a lack of consent on the victim’s part to engage in the sexual intercourse. Thus, the sexual intercourse was done against the victim’s will. It is also illegal to engage in sexual intercourse when the victim is unable to consent to sex because they are too young to give consent.
Statutory rape is a crime in Georgia. A person commits statutory rape when they engage in sexual intercourse with anyone under 16 years old who is not their spouse.
Any individual under the age of 16 years old in Georgia cannot legally give consent to engage in sexual intercourse. This is because anyone below the age of 16 is considered a minor under this law, and a minor is incapable of providing consent.
It is still statutory rape even if the perpetrator did not use force to engage in sexual conduct with the victim. Statutory rape does not require any force, threat of force, or violence.
Yes. Even if victim lied about their age and claimed to be over the age of consent, the perpetrator can still be charged with statutory rape. In the eyes of the law, it is each person’s responsibility to determine the real age of their partner prior to having sex with them.
The exact criminal punishment that a defendant may face depends on both the age of the defendant and the age of the victim. If the offender is 21 years or older, they are guilty of a felony and face a punishment of 10 to 20 years in prison and potential mandatory registration as a sex offender. A defendant is also guilty of a felony if they are between 18 and 21 years of age or if they are under the age of 18 and the victim is under the age of 16, but their potential punishment is only imprisonment of one to 20 years. If the offender is 18 years old or younger and the victim was 14 to 16 years old, then the defendant is only charged with a misdemeanor, for which the maximum punishment is one year in county jail.
You should consult with a Georgia criminal defense lawyer because a statutory rape charge is complicated and requires the assistance of a lawyer to understand. You need to be aware of your legal rights and what defenses may be available in your case.
Last Modified: 12-07-2016 05:58 PM PSTLaw Library Disclaimer
We've helped more than 4 million clients find the right lawyer – for free. Present your case online in minutes. LegalMatch matches you to pre-screened lawyers in your city or county based on the specifics of your case. Within 24 hours experienced local lawyers review it and evaluate if you have a solid case. If so, attorneys respond with an offer to represent you that includes a full attorney profile with details on their fee structure, background, and ratings by other LegalMatch users so you can decide if they're the right lawyer for you.