While many states have strict statutory rape laws on the books, prosecutors have been inconsistent in enforcing them, says Mark Chaffin, a researcher with the National Center on the Sexual Behavior of Youth. One particularly shocking case drew international attention when year-old Georgia resident, Genarlow Wilson, was charged with aggravated child molestation and sentenced to 10 years in prison for having consensual oral sex with a year-old girl.
Statutory Rape Georgia - Amircani Law
Georgia law, which has since been changed to classify this act as a misdemeanor carrying a maximum penalty of one year in prison, also required Wilson to register as a sex offender when he was released. Are Statutory Rape Laws Outdated? Statutory rape laws are based on the premise that although young girls may want to have sex, they may not have enough experience or discernment to make a mature, informed decision. The laws are designed to protect young people who have less information and power than their and-over counterparts.
For example, minors may be less likely than adults to understand sexually transmitted diseases, have access to contraception, and have the resources to raise a child if they become pregnant. Most people believe there is a clear line between young people wanting to date and have sex, and adults molesting or assaulting a child.
Georgia laws on a minor dating an 18 year old?
And most would agree that the difference between intimacy and abuse should be reflected in the laws of each state. But not all parties agree on how strict the laws should be. Critics of strict statutory rape laws argue that while sexual relationships between teens relatively close in age may be morally questionable, prosecuting every case would unnecessarily clog up the justice system. But advocates of more diligent enforcement of statutory rape laws believe that the laws help combat the often underreported and hard-to-prove sexual abuse and rape of young girls. Others add that imprisoning men who are convicted of the crime could have a significant impact on teenage pregnancy and birth rates.
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Know the Laws in Your State Dating is a normal part of teenage life. But with the privilege of dating comes serious responsibilities. As a parent, you have to set boundaries and rules and take middle school and high school relationships seriously. State , S. For example, even if a year-old girl looked like and said that she was older than 16 years old, that would not provide a defense to statutory rape. It is a defense to a charge of statutory rape that the child and the defendant are married. This defense is a vestige of the marital rape exemption. A statutory rape conviction can have very serious consequences, including a lengthy prison sentence and sex offender registration.
If you are charged with statutory rape, you should contact a Georgia criminal defense attorney.
Laws can change at any time, and an attorney can tell you how your case is likely to fare in court and help you obtain the best possible outcome under the circumstances. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
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Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Georgia Statutory Rape Laws. Statutes governing Georgia's age of consent, associated criminal charges, available defenses, and penalties for conviction. One must be 18 or older to marry without parental consent in Georgia. In Georgia, there are other crimes besides statutory rape that are related to age of consent and child abuse. Sexual activity with an underage person may be charged as the below-listed offenses: If you are accused of statutory rape or any of these crimes in Georgia, find an experienced criminal defense attorney who can review the facts of your case and advise you how to proceed.
In Georgia, there is no Romeo and Juliet Law, but there is an exception for some cases that reduce the statutory rape charge to a misdemeanor. This exception applies to defendants aged 18 or younger that are within four years older than the victim.
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The Romeo and Juliet Laws that exist in some states allow young people to consent to sex with someone else who is close to their age, even if the first party is below the standard age of consent for that state. For example, Delaware provides that the age of consent is However, they have an exception that permits 16 and year-olds to consent to sex with partners up to age Because Georgia has no Romeo and Juliet or close-in-age exception, the results of statutory rape cases can vary widely across the state depending on the circumstances.
For example, it is possible for two underage sex partners in Georgia to each get charged with statutory rape. Georgia can charge in cases where a year-old willingly had sex with a 16 or year-old partner since the year-old could not legally grant consent.
My Son Is Dating a Minor: Should I Be Worried About the Legal Implications?
The Genarlow Wilson case was an example of the arbitrary nature of sex act violations between young people; at 17 years old, his age did not prevent him from receiving a felony charge and a minimum ten-year sentence, though the sex was consensual. For help navigating these complex circumstances, your best bet is to reach out to a trustworthy attorney in Atlanta GA.
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However, these situations frequently lead to complications, so it may be best to avoid the situation entirely. Consensual dating between adults and minors is not a valid defense for statutory rape in Georgia. Regardless of a consensual relationship, sexual intercourse with a person under the age of 16 in Georgia is statutory rape unless the parties are married. There have been cases where individuals are charged with contributing to the delinquency of a minor for only inviting the child to disobey his or her parents.
But what does Georgia law say about sexting? When done by adults, it is a matter of privacy and they may do what they like. However, when done with or involving minors, the policy against child pornography must be considered. The state of Georgia considers teen texting or sexting nude images to be a misdemeanor when it meets the following criteria: In juvenile court , like at the Atlanta Municipal Court , the law can apply more flexible remedies and protect privacy with sealed records and closed proceedings.
However, sexting convictions can carry heavy fines and significant sentences for teens, whether tried as adults or juveniles. In a well-publicized case , a year old soldier had consensual sex with a year-old who claimed she was The accused and the victim ultimately agreed that she lied about her age and circumstances. Because the man was over 21, he faced a sentence of ten to twenty years in prison rather than the one to ten-year penalty applicable to defendants under the age of Georgia senators recently proposed Senate Bill , which would eliminate consent as a defense in charges of sexual contact between students and employees of the same school.