Under Georgia law, statutory rape is when a person has sexual intercourse with someone who is under the age of 16 years. This charge is possible even if the underage individual consents to the sexual act. Statutory rape is different from sexual battery and sexual assault because alleged victims are not forced or coerced into sex. If you have been accused of statutory rape, you may be facing serious consequences that can put your freedom and future at stake. It is vital to contact an experienced criminal defense attorney who can help you fight for your rights.
Georgia’s Statutory Rape Law
There does have to be some corroborating evidence other than the testimony of the victim. To be convicted of statutory rape in the State of Georgia, the prosecutor must prove the following elements beyond a reasonable doubt:
- The sexual intercourse occurred
- One of the people involved was under the age of 16
- The two people who had intercourse were not married at the time
Penalties for Statutory Rape
A person convicted of this crime may face from 1 to 20 years in prison (See Ga. Code Ann. § 16-6-3). When the age difference becomes greater, specifically where the defendant is 20 years old or older, the penalties for this crime increase. In a situation where a person is 21 years or older, the defendant may be facing a felony conviction punishable with incarceration in prison from 10 to 20 years.
Defense Against Statutory Rape Charges
Many people are surprised when they are facing charges for statutory rape because the other person consented to the sexual act and may even have initiated the sexual intercourse. It is important to note that it is not a valid defense if the person charged with statutory rape believed the alleged victim was older than 15 years.
Statutory rape comes with an exception known as the Romeo and Juliet exception. The exception recognizes there are times when teenagers are going to have sex, so statutory rape does not include situations where both individuals are 18 or younger and less than 4 years apart in age. This helps account for high school relationships where one person turns 18 before the other. For instance, an 17-year-old in a sexual relationship with a 15-year-old should not be charged with statutory rape.
Contact Our Experienced Atlanta Statutory Rape Attorneys Today!
Most people are taken by surprise when they’re charged with statutory rape. Parents of a teenager charged with this crime should take immediate action to get their child an experienced and fervent attorney to fight against the charges that could destroy a young person’s future. The Atlanta criminal defense firm of the Abt Law Firm, LLC knows how to fight against complex cases. We have over 29 years of experience and have successfully handled 2,500 cases and over 100 jury trials. We will work with you to do everything possible to prevent a foolish mistake from becoming a life of consequence.
If you do not want a criminal record, call us immediately at (770) 977-6105. We offer free consultations at our office, over the telephone, and are ready to come to you in jail.
