Criminal Defense Topics
Statutory Rape, O.C.G.A. 16-6-3
Persons convicted in Georgia of statutory rape will certainly face a harsh prison sentence and suffer having a record with one of Georgia's "three strikes law" crimes.
Regardless of the circumstances, if you stand accused of committing statutory rape or any type of non-consensual sexual contact the police and prosecutors are working to convict you - they do not work to prove that you were wrongfully accused. Hiring an experienced sex crimes lawyer to represent you gives the best chance of going to prison.
Even if you're dealing with false accusations your personal reputation and future are at risk. Don't become a victim of a person falsely accusing you of statutory rape, or blaming you because they have shame, embarrassment, or lied about their age. Don't try to explain your side of the story to police - call a child sex crimes lawyer for expert help.
Statutory Rape -e A Complicated Matter
Statutory rape can become part of a huge legal problem if it involves other sexually related criminal charges such as child molestation, sex trafficking, physical violence, and other offenses.
What is Statutory Rape in Georgia?
Per Georgia Code O.C.G.A. 16-6-3, having sexual intercourse with a person under 16 years of age can bring charges for statutory rape, even if the other person admits it was consensual.
Georgia does have "Romeo and Juliet Laws" which address consensual sex between minors. Per these laws, if the victim is 14-16 years of age, and the accused is 18 years old (or no more than four years older than the victim), he or she will only face misdemeanor charges.
The law on statutory rape in Georgia is as follows:
- (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
Punishment for Statutory Rape depends on certain circumstances, and can be a misdemeanor or a felony crime. Statutory rape if the accused is over 21 years of age is usually 10-20 years in prison. If a defendant is under 18 years of age, and the victim is 15-16 years old the charge can be a misdemenaor with incarceration up to one year in County jail.
Are You Facing Statutory Rape Charges?
If you've been accused of statutory rape you need to hire an experienced rape lawyer as quickly as possible. Our law firm has represented numerous clients charged with rape and sexual assault of a minor. We invite you to contact us to learn how we can help you. Call 770-956-1400 or contact us online to schedule a consultation with a Cherokee County criminal defense lawyer.