Maha Amircani, a statuory rape protection attorney in Atlanta, Georiga at Amircani Law describes the most crucial 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 cost in Georgia is a significant matter, however you stay good possibility of clearing your title if you’re armed with knowledge and a lawyer that is good.
Continue reading to understand exactly exactly just what comprises statutory rape in Georgia, in the event that state features a Romeo and Juliet exclusion, and much more about Georgia dating and sexting legislation.
Maha represents customers 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 a small-firm by design, to be able to offer customers the very best and a lot of responsive solution feasible.
Statutory Rape Georgia
Into the continuing state of Georgia, rape is understood to be the work of carnal understanding of a feminine with force and against her will. Carnal knowledge is theoretically thought as penetration regarding the feminine sex organ because of the sex organ that is male. Nevertheless, statutory rape doesn’t always are the use of force, along with other intimate functions such as for instance dental intercourse may are categorized as statutory rape.
Numerous states recognize the present day truth of underage sex as they 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 yrs. Old and an individual who is under 18 yrs old (with no significantly 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 something celebration has authority throughout the other, the punishments are far more serious. Typical examples include teacher-student, parent-guardian, general general public officials.
If the convicted person is under 21 years of age, their felony conviction for statutory rape carries a phrase of 1 to two decades in jail. If the convicted is age 21 or older, then a minimal phrase is 10 years therefore the maximum is two decades. The convicted person must also register as a sex offender in this case.
Misdemeanor charges are less serious. They could require prison time as much as twelve months, and also the sentencing court has got the capacity to utilize probation, community solution, and fines. A “stay away” order may be given in this instance.
Regardless if you are facing a misdemeanor or perhaps a felony statutory rape fee, calling a unlawful protection lawyer ASAP might help protect your liberties and steer clear of 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 engages in sexual activity with anybody beneath the chronilogical age of 16 years and never his / her spouse, so long as no conviction will be had with this offense regarding the testimony that is unsupported of victim.
(b) Except as supplied in subsection (c) for this Code area, an individual convicted of this offense of statutory rape will be penalized by imprisonment for no less than one nor a lot more than 20 years; offered, however, that when anyone therefore convicted is 21 years or older, such individual will be penalized by imprisonment for no less than ten nor significantly more than twenty years. Anyone convicted under this subsection associated with 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 target has reached least 14 but significantly less than 16 years old therefore the individual convicted of statutory rape is 18 years old or more youthful and it is a maximum of four years more than the target, such individual will be bad of the misdemeanor.
Statutory Rape in Georgia: first get the facts together with assistance you may need.
Today contact Amircani Law.
Age of Consent in Georgia
Georgia statutory rape legislation is broken whenever a person has consensual intercourse with somebody 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 difference starts the likelihood of benefiting from the Georgia First Offender Act conditions, that really help very first time offenders avoid permanent documents.
In america, state legislation determines the chronilogical age of permission for residents for the reason that state. Chronilogical age of permission into the U.S. Presently ranges from 16 to 18 years. In Georgia, statutory rape will not connect with intercourse between married individuals, and wedding is legal at age 16 having a parent’s permission. One must be 18 or older to marry without parental permission in Georgia.
In Georgia, there are more crimes besides statutory rape being associated with chronilogical age of permission and kid punishment.
Intercourse by having a person that is underage be charged while the below-listed offenses:
- Aggravated kid molestation: Felony punishable by life imprisonment or 25 years to life followed closely by probation for a lifetime. Misdemeanor fee supports 12 months in prison and an excellent to not surpass $1,000.00.
- Aggravated intimate battery: Felony punishable by a life phrase or even a separate sentence of 25 years to life with life time probation.
- Aggravated sodomy: Felony punishable by a minimum of 25 years; as being a misdemeanor, the sentence that is maximum a year and fines of $1,000 or less.
- Youngster 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.