Statutory Rape Georgia. Author: Maha Amircani, Founder, Amircani Law, LLC
Maha Amircani, a statuory rape defense attorney in Atlanta, Georiga at Amircani Law describes the main information to understand in the event that you’ve been included in the event that you or someone you care about has been targeted for a statutory rape prosecution.
Dealing with a statutory rape fee in Georgia is a significant matter, you stay a great opportunity of clearing your title if you’re armed with knowledge and a lawyer that is good.
Continue reading to understand what comprises statutory rape in Georgia, in the event that state includes a Romeo and Juliet exclusion, and much more about Georgia dating and sexting law.
Maha represents consumers in state and federal court litigation along with administrative procedures. Her training focuses on the regions of accidental injury, unlawful protection, and real-estate closings. Posted on: might 4, 2018. Final updated on: June 10, 2019.
Amircani Law is just a small-firm by design, to be able to offer consumers the most effective and a lot of responsive solution feasible.
Statutory Rape Georgia
Into the state of Georgia, rape means the work of carnal familiarity with a feminine with force and against her will. Carnal knowledge is theoretically thought as penetration associated with the feminine intercourse organ because of the male intercourse organ. But, statutory rape will not fundamentally through the usage of force, along with other intimate functions such as for example dental intercourse may are categorized as statutory rape.
Many states recognize the current truth of underage sex and therefore are more lenient with regards to sex that is consensual events near in age. In Georgia, consensual intercourse between a person who is 14 or fifteen years old and a person who is under 18 yrs. Old (with no a lot more than 4 years more than the very first individual) is categorized as a misdemeanor. This supply, which lightens the possible phrase, is placed in Georgia Code, Title 16, Chapter 6, Section C.
Conversely, as soon as the age space is bigger and another celebration has authority within the other, the punishments are far more serious. Typical examples include teacher-student, parent-guardian, general public officials.
If the convicted person is under 21 years old, their felony conviction for statutory rape carries a phrase of just one to 20 years in jail. Then the minimum sentence is ten years and the maximum is twenty years if the convicted is age 21 or older. In this instance, the convicted individual must additionally register being a intercourse offender.
Misdemeanor charges are less serious. They could need prison time all the way to 12 months, and also the sentencing court gets the capacity to utilize probation, community solution, and fines. A “stay away” order may additionally be granted in this situation.
Regardless if you are dealing with a misdemeanor or even a felony statutory rape cost, calling a unlawful protection lawyer ASAP might help protect your liberties and prevent a tough phrase. In the event that you’ve been arrested in Atlanta or perhaps the metropolitan area, consider Maha Amircani, a seasoned unlawful protection attorney.
2017 Georgia Code
TITLE 16 – CRIMES AND OFFENSES
CHAPTER 6 – SEXUAL OFFENSES
- 16-6-3 – Statutory rape
(a) someone commits the offense of statutory rape as he or she partcipates in sexual activity with anybody beneath the chronilogical age of 16 years rather than his / her partner, so long as no conviction will be had with this offense in the testimony that is unsupported of target.
(b) Except as supplied in subsection (c) with this Code part, an individual convicted for the offense of statutory rape will be penalized by imprisonment for for around one nor significantly more than twenty years; supplied, however, that when the individual therefore convicted is 21 years old or older, such individual will be penalized by imprisonment for no less than ten nor a lot more mylol than twenty years. Anybody convicted under this subsection of this offense of statutory rape shall, in addition, be susceptible to the sentencing and punishment conditions of Code Section 17-10-6.2.
(c) In the event that target has reached minimum 14 but not as much as 16 years old and also the individual convicted of statutory rape is 18 years old or more youthful and it is only four years more than the target, such individual will be bad of the misdemeanor.
Statutory Rape in Georgia: first get the facts therefore the assistance you will need.
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Age of Consent in Georgia
Georgia statutory rape legislation is broken each time a individual has consensual sexual activity with somebody under age 16 who’sn’t their partner. While no closing in age exemptions occur in Georgia, in case the offender is under age 19 and also the target is not any more than 4 years more youthful, the criminal activity is classified as being a misdemeanor in the place of a felony. This difference starts the likelihood of benefiting from the Georgia First Offender Act conditions, that really help very first time offenders avoid records that are permanent.
In america, state legislation determines the chronilogical age of permission for residents for the reason that state. Chronilogical age of consent into the U.S. Presently varies from 16 to 18 years. In Georgia, statutory rape will not connect with intercourse between married individuals, and wedding is legal at age 16 with a parent’s permission. You have to be 18 or older to marry without parental permission in Georgia.
In Georgia, there are more crimes besides statutory rape being linked to chronilogical age of permission and kid abuse.
Sexual intercourse by having a person that is underage be charged given that below-listed offenses:
- Aggravated son or daughter molestation: Felony punishable by life imprisonment or 25 years to life followed closely by probation for life. Misdemeanor cost supports 12 months in prison and a superb to not meet or exceed $1,000.00.
- Aggravated battery that is sexual Felony punishable by a life phrase or perhaps a split sentence of 25 years to life with life time probation.
- Aggravated sodomy: Felony punishable by no less than 25 years; as being a misdemeanor, the maximum phrase is a year and fines of $1,000 or less.
- Son or daughter molestation: Felony punishable by imprisonment for ten to thirty years or by imprisonment for a lifetime. If aggravated, then it’s punishable by imprisonment for five to two decades.
- Incest: Felony punishable by 25-50 years in jail.
- Intimate Battery: Felony punishable by 1-5 years in jail.
- Trafficking someone for involuntary work or servitude that is sexual.
You how to proceed 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.