Georgia Criminal Defense Lawyer Blog
By: Criminal Defense Attorney Larry Kohn, Georgia Super Lawyer and Sex Crime Lawyer Near Me in Atlanta GA
Georgia age of consent laws: Thousands of monthly Internet searches for statutory rape laws in Georgia occur monthly in the Peach State. Many inquiries to our lawyers near me come from people worried about being convicted of statutory rape focus upon “age of consent in Georgia.”
As you will read below, the age of consent varies in different situations, in the State of Georgia. But, for any victim, female, or male, being age 15 or under means that he or she cannot consent to sexual activity with any person 18 or older.
Where can I learn about the age of consent in Georgia, USA? This page outlines the Georgia statutes. However, similar laws exist across the United States, too.
Georgia Age of Consent age gap. 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. This article also helps explain the current misdemeanor Romeo and Juliet Law Georgia.
The Age of Consent in GA. For over a decade, Georgia has had a limited age differential statute, for some teenagers. Where the female is at least 14 years old, but not yet 16, when sex occurs with another person 18 or younger, this is still a crime, but handled as a misdemeanor.
Yet, another part of this special law requires that the age gap is no more than four years older than the victim and the accused person. So, if the victim just turned 14 (the day the encounter occurred) and the accused citizen was 18 years and 1 day old, this would be a felony.
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 performing oral sex or anal sex may be prosecuted under the statutory rape law.
The Legal Age of Consent in Georgia. Under Georgia laws, to convict a defendant for statutory rape, the prosecutor need only prove that the accused and the victim engaged in sexual intercourse via penetration. Ejaculation is not necessary, when the victim was under the legal age of consent (16 years old) at the time of the “act”.
What is the Legal Age in Georgia, for Consensual Sex? To have consensual sex, what is the state law on statutory rape in Georgia?
Is Sex with a Person Under the Age of 16 Totally Prohibited?
Except for some age-related situations, when teens are involved with each other, yes. Those rare exceptions may still lead to misdemeanor crimes against the older person.
The Georgia Romeo and Juliet law defines the age of 16 as the point at which a person may legally consent to sex. In Georgia, this crime of statutory rape is classified as a felony. This crime is almost a strict liability crime, since the traditional “intent” element is lacking. An accused citizen cannot guess at the victim’s age, and later claim a good faith belief of him/her being older.
One major exception to Georgia statutory rape law is still in place. If the two people are married, Georgia will not prosecute. This issue creates interesting “law school” scenarios, of a man taking a 15-year-old to a foreign land, to marry her, and then returning to Georgia as husband and wife.
Using the facts set forth above, the 15-year-old can consent to sex, solely because it will be with her spouse. The crime of 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 (vagina) by the male sex organ. However, statutory rape in GA does not necessarily include the use of force, and other sexual acts such as oral sex may fall under statutory rape.
With minor edits for clarifying some wording, Wikipedia defines the crime of statutory rape as follows:
In common law jurisdictions, statutory rape (sometimes abbreviated herein as “SR”) is a non-forcible sex act involving two parties in which one of the individuals is below the age of consent (the age required to legally consent to the behavior). Although it usually refers to adults engaging in sexual contact with minors under the age of consent, SR is a generic term, and very few jurisdictions use the actual term statutory rape in the language of their statutes.
Under the Statutory Rape Law in GA, What Is the Statutory Rape Definition?
Central to the statutory rape laws in every state is the topic of age of consent. Statutory rape vs rape starts with this age question. So, rape sentencing, statutory rape sentencing and other related sex crimes like aggravated sodomy and sexual battery clearly differ from statutory rape charges.
A person presuming that the law in Georgia is the same as South Carolina or Florida could find himself (or herself) facing a serious felony by “assuming.” Ignorance of the law is no excuse.
Some web searchers nearby our law office locations type in “what age is statutory rape?” or “define statutory rape age.” Always remember that engaging in sexual activity with another person by force or without obtaining the other person’s consent can result in criminal charges for sexual battery or assault, no matter what the age of the other person.
The Top 5 Easy-to-Answer Statutory Rape Legal Questions
- Is statutory rape a felony? Yes, unless convicted of any SR crime for which a Romeo and Juliet “similar ages” exception applies.
- What is the statutory rape penalty? In Georgia, it is 10 to 20 years for persons ages 21 and over when the crime is committed, but 1 to 20 years if the perpetrator is under 21 years of age. In the last two decades, many states have rolled back multi-decade sex crime penalties. Subsections (b) and (c) are Georgia’s “reform” provisions. Yet, Georgia is still rated as “harsh” among the nation’s most stringent statutory rape laws.
- Is marriage a defense to SR? Possibly, if everything was legally memorialized in the place where the marriage occurred.
- What is the statute of limitations (SOL) on statutory rape in Georgia? Seven years is the general felony statute of limitations. However, when younger victims are involved, the applicable SOL will be long after 7 years, in some cases.
- What does statutory rape mean? That an adult has engaged in a prohibited sex act (usually carnal knowledge) with a person is below the age of consent in that jurisdiction.
Do Not Talk to a Prosecutor or Law Enforcement Officer Without a Sex Crime Lawyer With You
When you have any information that you are about to be accused of any sex charge, such as statutory rape, contact a skilled criminal defense lawyer. Answering even ONE law enforcement question could be the most harmful mistake of your life. Police will act “helpful” or “friendly,” because they do not have to Mirandize you until an arrest is first made.
Since the sex crimes attorney consultation is FREE, why not take advantage of the free lawyer consultation near me and learn the basics on how to protect your legal rights? . Potential criminal defense clients should call today and speak to legal book co-author and Super Lawyer Larry Kohn 24/7, including on weekends and holidays, at 404-567-5515.
If any person tries to ask you questions about a possible crime, remember that you only need to disclose your name and address are required, under the U S Constitution. Exercise your 5th Amendment right to remain silent. After giving that info, let your Atlanta criminal defense attorney do all the talking on your behalf
Mr. Kohn, partner at our nearby law office and a veteran litigator, provides you with a free consultation lawyer. The confidential interview and discussion will provide you some informed feedback and allow you to learn how to protect your constitutional rights.
Common misspellings of the name of this felony crime, as found in Google searches:
- statuatory
- stachatory
- stacitory
- statuatory
- stautory
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