Statutory Rape Georgia. Author: Maha Amircani, Founder, Amircani Law, LLC
Maha Amircani, a statuory rape protection attorney in Atlanta, Georiga at Amircani Law describes the main information to learn in the event that you or a loved one is being targeted for a statutory rape prosecution if you’ve been involved.
Dealing with a statutory rape fee in Georgia is a significant matter, you stay good opportunity of clearing your title if you should be equipped with knowledge and a great attorney.
Keep reading to understand exactly exactly 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 legislation.
Maha represents consumers in state and court that is federal 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 really a small-firm by design, so that you can offer customers top & most service that is responsive.
Statutory Rape Georgia
Into the state of Georgia, rape is described as the act of carnal familiarity with a feminine with force and against her will. Carnal knowledge is theoretically understood to be penetration associated with the feminine intercourse organ by the sex organ that is male. Nevertheless, statutory rape doesn’t always range from the utilization of force, along with other intimate acts such as for instance dental intercourse may are categorized as statutory rape.
Numerous states recognize the present day truth of underage sex and tend to be more lenient in terms of consensual intercourse between events near in age. In Georgia, consensual intercourse between a person who is 14 or 15 years old and somebody who is under 18 years old (with no significantly more than 4 years more than the very first person) is categorized as a misdemeanor. This supply, which lightens the prospective phrase, is placed in Georgia Code, Title 16, Chapter 6, Section C.
Conversely, whenever age space is bigger and something celebration has authority throughout the other, the punishments are far more severe. Typical examples include teacher-student, parent-guardian, general public officials.
As soon as the convicted person is under 21 yrs old, their felony conviction for statutory rape carries a sentence of 1 to two decades in jail. If the convicted is age 21 or older, then your minimal phrase is a decade plus the optimum is 20 years. The convicted person must also register as a sex offender in this case.
Misdemeanor charges are less serious. They could need jail time all the way to 12 months, and also the sentencing court has got the capacity to make use of probation, community solution, and fines. A “stay away” order may additionally be given in this instance.
Whether you’re dealing with a misdemeanor or perhaps a felony statutory rape fee, calling a criminal protection lawyer ASAP often helps protect your liberties and steer clear of a tough sentence. An experienced criminal defense lawyer if you’ve been arrested in Atlanta or the metropolitan area, consider Maha Amircani.
2017 Georgia Code
TITLE 16 – CRIMES AND OFFENSES
CHAPTER 6 – SEXUAL OFFENSES
- 16-6-3 – Statutory rape
(a) an individual commits the offense of statutory rape as he or she partcipates in sexual activity with anybody underneath the chronilogical age of 16 years and never their partner, provided no conviction will probably be had with this offense from the unsupported testimony associated with target.
(b) Except as supplied in subsection (c) of the Code part, an individual convicted regarding the offense of statutory rape will be punished by imprisonment for no less than one nor a lot more than twenty years; offered, however, that when anyone therefore convicted is 21 years old or older, such individual will be penalized by imprisonment for no less than ten nor significantly more than two decades. Anyone convicted under this subsection of this offense of statutory rape shall, in addition, be susceptible to the punishment and sentencing conditions of Code Section 17-10-6.2.
(c) In the event that victim are at minimum 14 but not as much as 16 years old while the individual convicted of statutory rape is 18 years old or more youthful and it is a maximum of four years over the age of the victim, such individual will probably be responsible of a misdemeanor.
Statutory Rape in Georgia: have the facts first plus the help you may need.
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Age of Consent in Georgia
Georgia statutory rape law is broken whenever a person has consensual sexual activity with somebody under age 16 that isn’t their partner. While no closing in age exemptions occur in Georgia, in case the offender is under age 19 additionally the target is not any more than 4 years more youthful, the criminal activity is categorized as being a misdemeanor instead of a felony. This difference opens the alternative of benefiting from the Georgia First Offender Act provisions, that really help very first time offenders avoid permanent records.
In america, state legislation determines the chronilogical age of permission for residents for the reason that state. Chronilogical age of free dating single consent into the U.S. Presently varies from 16 to 18 years. In Georgia, statutory rape doesn’t connect with intercourse between married individuals, and marriage is legal at age 16 by having a parent’s permission. One must be 18 or older to marry without parental permission in Georgia.
In Georgia, there are some other crimes besides statutory rape that are regarding chronilogical age of permission and kid punishment.
Sexual intercourse with an underage individual may be charged once the below-listed offenses:
- Aggravated kid molestation: Felony punishable by life imprisonment or 25 years to life accompanied by probation for a lifetime. Misdemeanor cost supports 12 months in prison and an excellent to not surpass $1,000.00.
- Aggravated intimate battery: Felony punishable by a life sentence or a separate 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 sentence that is maximum 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 an individual for involuntary work or sexual servitude.
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.