Maha Amircani, a statuory rape protection attorney in Atlanta, Georiga at Amircani Law describes the most crucial information to understand in the event that you’ve been included in the event that you or a family member has been targeted for the statutory rape prosecution.
Dealing with a statutory rape cost in Georgia is a critical matter, you stay good possibility of clearing your title if you’re armed with knowledge and a lawyer that is good.
If the state includes a Romeo and Juliet exclusion, and much more about Georgia dating and law that is sexting.
Author: Maha Amircani, Founder, Amircani Law, LLC
Maha represents consumers in state and federal court litigation also administrative proceedings. Her training focuses primarily on the regions of accidental injury, unlawful protection, and real-estate closings. Posted on: might 4, 2018. Final updated on: 10, 2019 june.
Amircani Law is just a small-firm by design, so that you can offer consumers the most effective & most service that is responsive.
Statutory Rape Georgia
Within the state of Georgia, rape means the work of carnal familiarity with a female with force and against her will. Carnal knowledge is theoretically understood to be penetration associated with feminine intercourse organ by the sex organ that is male. Nonetheless, statutory rape will not fundamentally are the usage of force, as well as other intimate acts such as for example dental intercourse may are categorized as statutory rape.
Numerous states recognize the current truth of underage sex consequently they are more lenient with regards to consensual intercourse between events close in age. In Georgia, consensual intercourse between somebody who is 14 or 15 yrs. Old and a person who is under 18 yrs. Old (with no significantly more than 4 years more than the very first individual) is classified being 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 larger plus one celebration has authority within the other, the punishments tend to be more severemon 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 1 to 20 years in jail. If the convicted is age 21 or older, then your minimal sentence is a decade in addition to 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 prison time as high as twelve months, as well as the sentencing court gets the capacity to utilize probation, community solution, and fines. A “stay away” order may be issued in also this situation.
Regardless if you are dealing with a misdemeanor or a felony statutory rape cost, calling an unlawful protection lawyer ASAP often helps protect your legal rights and prevent a sentence that is tough. 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 his / her partner, provided no conviction will probably be had because of this offense in the unsupported testimony associated with the target.
(b) Except as provided in subsection (c) for this Code part, an individual convicted for the offense of statutory rape will probably be penalized by imprisonment for for around one nor significantly more than twenty years; offered, however, that when the individual so convicted is 21 years or older, such individual will probably be penalized by imprisonment for for around ten nor a lot more than two decades. Anybody convicted under this subsection regarding the 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 reaches minimum 14 but not as much as 16 years old plus the person convicted of statutory rape is 18 years or more youthful and it is only four years avove the age of the victim, such individual will be accountable of the misdemeanor.
Statutory Rape in Georgia: obtain the facts first as well as the assistance you will need.
Today contact Amircani Law.
Age of Consent in Georgia
Georgia statutory rape legislation is broken each time a individual has consensual sexual activity with some body under age 16 that isn’t their partner. The offender is under age 19 and the victim is no more than 4 decades younger, the crime is classified as a misdemeanor as opposed to a felony while no closing in age exemptions exist in Georgia, in the event. This distinction starts the chance of benefiting from the Georgia First Offender Act conditions, that really help first-time offenders avoid permanent documents.
In america, state legislation determines the chronilogical age of permission for residents for the reason that state. Age of permission when you look at the U.S. Presently varies from 16 to 18 years. In Georgia, statutory rape will not connect with intercourse between married people, and wedding is legal at age 16 with a parent’s consent. One must be 18 or older to marry without parental permission in Georgia.
In Georgia, there are some other crimes besides statutory rape being linked to chronilogical age of consent and son or daughter punishment. Sexual intercourse by having a person that is underage be charged once the below-listed offenses:
- Aggravated youngster molestation: Felony punishable by life imprisonment or 25 years to life accompanied by probation for a lifetime. Misdemeanor fee supports a year in prison and an excellent to not meet or exceed $1,000.00.
- Aggravated battery that is sexual Felony punishable by a life phrase or perhaps 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.
- Kid molestation: Felony punishable by imprisonment for ten to thirty years or by imprisonment for a lifetime. Then it is punishable by imprisonment for five to twenty years if aggravated.
- 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 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.