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.
Georgia Age of Consent Lawyers
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. The law responded to situations in which students over the age of 16 engaged in consensual sex with adult employees or agents of the school. Teacher and student sex is already prohibited by Georgia law but proposed SB would eliminate close-in-age misdemeanor exceptions for school employee and student cases.
The Genarlow Wilson case illustrates the severe and unreasonable results of a strict application of the statutory rape laws. The Wilson case involves a year-old in consensual oral sex with a year-old girl. Wilson was charged with child molestation and given a ten-year mandatory minimum sentence, and he was placed on the list of sex offenders. Thus, he will have a lifetime criminal record and reputation as a sex offender that can thwart his participation in society. If the same situation occurred now, as a first offender, Wilson would be eligible for expungement of his criminal record after completing his sentence, and he would not have to register as a sex offender since the victim and he were both teens, close in age, and consensual partners.
Facing a statutory rape charge in Georgia is a serious matter, but you stand a good chance of clearing your name if you are armed with knowledge and a good lawyer. According to state law, statutory rape in Georgia is sex with a person under the age of Age of Consent in Georgia. The age of consent in Georgia is 16 years old. Felony punishable by life imprisonment or 25 years to life followed by probation for life.
Felony punishable by a life sentence or a split sentence of 25 years to life with lifetime probation. Felony punishable by imprisonment for ten to thirty years or by imprisonment for life.
Georgia Age of Consent & Statutory Rape Laws
If aggravated, then it is punishable by imprisonment for five to twenty years. Felony punishable by years in prison. Trafficking a person for involuntary labor or sexual servitude. Romeo and Juliet Law Georgia. Romeo and Juliet Laws are exceptions to statutory rape granted in cases where both parties are teenagers or close in age.
The below-listed states have close-in-age exemptions: Get Help with Statutory Rape Georgia.
- Georgia’s Statutory Rape Laws;
- What Is the Age of Consent in Georgia?;
- Criminal Defense;
- Statutory Rape Georgia - Amircani Law?
- Ages of consent in the United States.
Dating Laws in Georgia. In Georgia, dating between adults and minors is not illegal in and of itself. Juvenile courts can use probation, fines, community service, or other punishments deemed appropriate. When tried as an adult teen, the penalties range from years in jail or years in prison for felonies.
Georgia Sexting Laws Help.
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Statutory Rape in Georgia. The statutory rape laws in Georgia make age the fulcrum for punishment, even if the victim acted voluntarily and misrepresents their age. Schedule a Free Consultation.
Georgia Statutory Rape Laws
Georgia statutory rape law is violated when a person has consensual sexual intercourse with an individual under age 16 who is not their spouse. While no close in age exemptions exist in Georgia, if the offender is under age 19 and the victim is no more than 4 years younger, the offense is classified as a misdemeanor rather than a felony.
Georgia does not have a close-in-age exemption. Close in age exemptions , commonly known as "Romeo and Juliet laws", are put in place to prevent the prosecution of individuals who engage in consensual sexual activity when both participants are significantly close in age to each other, and one or both partners are below the age of consent. Because there is no such "Romeo and Juliet law" in Georgia, it is possible for two individuals both under the age of 16 who willingly engage in intercourse to both be prosecuted for statutory rape , although this is rare.
Similarly, no protections are reserved for sexual relations in which one participant is a 15 year old and the second is a 16 or 17 year old. The Age of Consent ranges state-by-state from 16 to 18 years old across the United States. Click the map to view any state's age of consent laws. Georgia has eight statutory sexual abuse charges on the books which are used to prosecute age of consent and child abuse related crimes within the state. One or more of these charges may be used to prosecute violations of the Georgia Age of Consent, as statutory rape or the Georgia equivalent of that charge.