By: Larry Kohn, Veteran Sex Crime Lawyer Near Me & Atlanta Criminal Defense Attorney
Age of Consent in GA: Thousands of monthly Internet searches in the Peach State focus upon "age of consent in Georgia." Quite a few who had what he or she thought was consensual sex are concerned that they may have engaged in conduct that violated the Georgia statutory rape law.
Statutory Rape Georgia, and the conduct required. Carnal knowledge is a legal euphemism for sexual intercourse. Technically, the phrase once was defined as penetration of the female sex organ (vagina) by the male sex organ. Plus, other sexual acts such as oral sex or anal sex may be prosecuted under the statutory rape law.
In addition, the crime of statutory rape in GA does not necessarily include the use of force. For participants who are of certain ages, Georgia law basically says that persons of certain "tender" ages is not capable of giving her or his consent. The age of 16 is likely the most common age for "legal consenting" in most jurisdictions in the United States, but not all.
Those who have violated statutory rape laws in Georgia will find that this conduct is life changing. Simply being accused of these felony crimes can end jobs and alter all aspects of life.
Monthly, many searches for information on rape defenses and similar search queries are made. When they Google "Georgia age of consent laws" and see the minimum mandatory state prison time, they are shocked.
Other states have enacted aggravated statutory rape laws, but Georgia has not. The language of Georgia's new statute on this crime is set forth below.
Look for Experienced, Knowledgeable Criminal Defense Legal ProfessionalsOur nearby law firm has handled many varied fact patterns for these "consent to sexual activity" cases in the State of Georgia. A partial list of the cases our local attorneys have defended include:
(a) Age differential for some teens. Questions about teens who may have infringed upon the Romeo and Juliet Law Georgia, where age of consent varies. The Georgia Romeo and Juliet law pertaining to the Georgia age of consent age gap is fairly new in Georgia statutes;
(b) Cases where the victim misled our client into believing that she or he was of legal age in Georgia.
(c) Situations where phone or Internet communication has taken place, but no intercourse or sexual contact has yet happened, yet our client is being threatened with being reported to police in what seems to be an extortion crime by the victim or her or his family.
(d) Internet, online meetups where the victim faked her age and other identity information, for which our client was misled into believing that the encounter was legal.
(e) Encounters where our client was impaired by alcohol or drugs (and sometimes the purported victim, too) and the client does not recall what occurred, insofar as sexual activity.
Although cases are extremely rare and difficult to prove in most cases, a person can take prescribed medication (like Ambien) and have a somnambulant “sleep walking” event. In some cases, the somnambulant conduct could involve sexual penetration of a minor child, that is a criminal act, if the accused person was aware of what is happening.
(a) A person commits the offense of statutory rape when he or she engages in sexual intercourse with any person under the age of 16 years and not his or her spouse, provided that no conviction shall be had for this offense on the unsupported testimony of the victim.
(b) Except as provided in subsection (c) of this Code section, a person convicted of the offense of statutory rape shall be punished by imprisonment for not less than one nor more than 20 years; provided, however, that if the person so convicted is 21 years of age or older, such person shall be punished by imprisonment for not less than ten nor more than 20 years. 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 17-10-6.2.
(c) If the victim is at least 14 but less than 16 years of age and the person convicted of statutory rape is 18 years of age or younger and is no more than four years older than the victim, such person shall be guilty of a misdemeanor.
What Are the Available Statutory Rape Defenses?Our Georgia lawyers must warn the reader that very few legal excuses are available for this crime. Simply stated, in the USA, certain people of a tender age cannot consent to having sex. But, under our laws, criminal codes cannot create strict liability. So, certain defenses to sex charges can be asserted for our clients.
In 2007, the Georgia Court of Appeals (the intermediate level court) decided a highly publicized case involving Douglas County GA teenager Genarlow Wilson. As a result of this case, the Georgia Legislature grudgingly altered state statutory rape laws to include an exception for this type of situation.
This led Georgia (and other states) to pass new statutes making a limited exception to some teen sexual encounters, but still criminalizing the conduct by at least misdemeanor laws. These have come to be known in the USA as “Romeo and Juliet” laws.
Retain a Sex Crimes Attorney Before Speaking to Police or ProsecutorsOccasionally, our prospective clients will learn that he (or she) is about to be charged with a sex crime, such as statutory rape. That person must understand that this is a HUGE RED FLAG. Answering ANY law enforcement questions without legal counsel at your side is the most harmful thing that many of our clients do, prior to exercising their Constitutional right to first have a lawyer present .
If any person tries to ask you questions, remember that only your name and address are required to be given. After giving that info, let your Atlanta criminal defense attorney do all the talking on your behalf. Potential clients can call today and speak with Larry Kohn 24/7, even on weekends and holidays, at 404-567-5515.
The sex crimes attorney at our law office provides a free lawyer consultation, so take advantage of this confidential discussion to learn how to protect your legal rights. Since the sex crimes lawyer consultation is FREE. Why not take advantage of the free consultation near me to learn how to protect your legal rights?
Common misspellings of the name of this felony crime, as found in Google searches: