Statutory Rape Defense
Statutory Rape is a sex crime and all sex crimes come with certain challenges. When facing allegation of a sex crimes many people will jump to conclusions, ignore your presumption of innocence, and assume the worst. When facing allegation or charges of statutory rape in Georgia, it is critical that you remember those mean nothing. An allegation is an allegation. A charge is a charge. You are innocent until a prosecutor finds you guilty beyond a reasonable doubt.
The name of this crime can be confusing. Rape is a forcible crime and often associated with violence and horrible facts and requires conduct that is against the victim's will. Statutory Rape is different. It is a crime of age.
Statutory Rape - O.C.G.A. § 16-6-3
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.
Statutory Rape Explained
Statutory Rape occurs when someone has sex with another person under the age of 16. The most important thing about statutory rape is that consent does not matter. Even if the alleged victim wanted to have sex, or even if it was his or her idea, the law does not care. In Georgia, the law says that someone under the age of 16 is no legally capable of consenting to sex.
You cannot be convicted of Statutory Rape if the alleged victim was your spouse at the time of the alleged sex. Additionally, to be convicted of statutory rape, prosecutors must produce more evidence than just the alleged victim's accusations.
Penalties for Statutory Rape
There are three distinct situations regarding sentencing for statutory rape. We will look at each of those three possibilities below.
Person Convicted of Statutory Rape is 21 Years Old or Older
The stiffest punishment for statutory rape is when the person convicted is twenty-one (21) or older. In this situation the range of punishment is ten (10) years to twenty (20) years. In addition the convicted person would be subject to all the special punishments Georgia imposes on people convicted of sex crimes.
Person Convicted of Statutory Rape is Under 21
Under Georgia law when a person under age twenty-one (21) is convicted of statutory rape, then they face a range of punishment of one (1) to twenty (20) years in prison. Additionally, they will be subject to special punishments Georgia imposes on people convicted of sex crimes.
Person Convicted of Statutory Rape is 18 or Younger and Victim is 14 or 15.
In Georgia, when someone who is eighteen (18) or younger is convicted of statutory rape and the victim is fourteen (14) or fifteen (15) years old, then the defendant is guilty only of misdemeanor statutory rape.
It is important for adolescent Georgians to understand what that means. If a sixteen (16) year old high school student has sex with his or her fifteen (15) year old classmate, then that sixteen (16) year old can be convicted of misdemeanor statutory rape
Being convicted of a sex crime will have a tremendous impact on your life. Your rights to vote, bear firearms, choose your job, your school, your house, and your church may all be affected. You will be required to register as a sex offender and be subject to special sex offender probation conditions.
Contact us today. Come meet with Ryan and let him fight for you. You must fight these charges. Don't Fight Alone.