In Georgia, consensual sex between someone who is 14 or 15 years old and someone who is under 18 years old (and no more than 4 years older than the first .
Table of contents
- Georgia’s Statutory Rape Laws
- Announcement
- Statutory Rape Georgia - Amircani Law
- Georgia laws on a minor dating an 18 year old?
The Genarlow Wilson case was an example of the arbitrary nature of sex act violations between young people; at 17 years old, his age did not prevent him from receiving a felony charge and a minimum ten-year sentence, though the sex was consensual. For help navigating these complex circumstances, your best bet is to reach out to a trustworthy attorney in Atlanta GA.
Georgia’s Statutory Rape Laws
However, these situations frequently lead to complications, so it may be best to avoid the situation entirely. Consensual dating between adults and minors is not a valid defense for statutory rape in Georgia. Regardless of a consensual relationship, sexual intercourse with a person under the age of 16 in Georgia is statutory rape unless the parties are married. There have been cases where individuals are charged with contributing to the delinquency of a minor for only inviting the child to disobey his or her parents.
But what does Georgia law say about sexting?
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When done by adults, it is a matter of privacy and they may do what they like. However, when done with or involving minors, the policy against child pornography must be considered. The state of Georgia considers teen texting or sexting nude images to be a misdemeanor when it meets the following criteria: In juvenile court , like at the Atlanta Municipal Court , the law can apply more flexible remedies and protect privacy with sealed records and closed proceedings.
However, sexting convictions can carry heavy fines and significant sentences for teens, whether tried as adults or juveniles. In a well-publicized case , a year old soldier had consensual sex with a year-old who claimed she was The accused and the victim ultimately agreed that she lied about her age and circumstances. Because the man was over 21, he faced a sentence of ten to twenty years in prison rather than the one to ten-year penalty applicable to defendants under the age of Georgia senators recently proposed Senate Bill , which would eliminate consent as a defense in charges of sexual contact between students and employees of the same school.
The law responded to situations in which students over the age of 16 engaged in consensual sex with adult employees or agents of the school.
Announcement
Teacher and student sex is already prohibited by Georgia law but proposed SB would eliminate close-in-age misdemeanor exceptions for school employee and student cases. The Genarlow Wilson case illustrates the severe and unreasonable results of a strict application of the statutory rape laws. The Wilson case involves a year-old in consensual oral sex with a year-old girl. Wilson was charged with child molestation and given a ten-year mandatory minimum sentence, and he was placed on the list of sex offenders. Thus, he will have a lifetime criminal record and reputation as a sex offender that can thwart his participation in society.
If the same situation occurred now, as a first offender, Wilson would be eligible for expungement of his criminal record after completing his sentence, and he would not have to register as a sex offender since the victim and he were both teens, close in age, and consensual partners. Facing a statutory rape charge in Georgia is a serious matter, but you stand a good chance of clearing your name if you are armed with knowledge and a good lawyer.
Statutory Rape Georgia - Amircani Law
According to state law, statutory rape in Georgia is sex with a person under the age of Age of Consent in Georgia. The age of consent in Georgia is 16 years old. Felony punishable by life imprisonment or 25 years to life followed by probation for life. Does the Punishment Fit the Crime? While many states have strict statutory rape laws on the books, prosecutors have been inconsistent in enforcing them, says Mark Chaffin, a researcher with the National Center on the Sexual Behavior of Youth.
One particularly shocking case drew international attention when year-old Georgia resident, Genarlow Wilson, was charged with aggravated child molestation and sentenced to 10 years in prison for having consensual oral sex with a year-old girl.
Georgia laws on a minor dating an 18 year old?
Georgia law, which has since been changed to classify this act as a misdemeanor carrying a maximum penalty of one year in prison, also required Wilson to register as a sex offender when he was released. Are Statutory Rape Laws Outdated? Statutory rape laws are based on the premise that although young girls may want to have sex, they may not have enough experience or discernment to make a mature, informed decision. The laws are designed to protect young people who have less information and power than their and-over counterparts.
For example, minors may be less likely than adults to understand sexually transmitted diseases, have access to contraception, and have the resources to raise a child if they become pregnant.
Most people believe there is a clear line between young people wanting to date and have sex, and adults molesting or assaulting a child. And most would agree that the difference between intimacy and abuse should be reflected in the laws of each state. But not all parties agree on how strict the laws should be. Critics of strict statutory rape laws argue that while sexual relationships between teens relatively close in age may be morally questionable, prosecuting every case would unnecessarily clog up the justice system.
But advocates of more diligent enforcement of statutory rape laws believe that the laws help combat the often underreported and hard-to-prove sexual abuse and rape of young girls. Others add that imprisoning men who are convicted of the crime could have a significant impact on teenage pregnancy and birth rates.
Know the Laws in Your State Dating is a normal part of teenage life. But with the privilege of dating comes serious responsibilities. If the defendant is 21 years old or older, then statutory rape is punishable by ten to 20 years in prison. People in Georgia who are convicted of statutory rape are required to register as sex offenders if they are over the age of 21 when the offense is committed. Registered sex offenders are required to give personal information to local police officers on a regular basis and face many restrictions, including holding certain jobs and even going to certain places in the community.
In Georgia, there is a Romeo and Juliet exemption for consensual sex between a victim who is 14 or 15 years old and someone who is 18 or younger and no more than four years older than the victim. However, this is a limited exception because it serves to reduce the conduct from a felony to a misdemeanor offense. The conduct is still illegal, but someone protected by this exception will face the possibility of smaller fines and reduced jail time. State , S. For example, even if a year-old girl looked like and said that she was older than 16 years old, that would not provide a defense to statutory rape.
It is a defense to a charge of statutory rape that the child and the defendant are married. This defense is a vestige of the marital rape exemption.
- Georgia Statutory Rape Laws.
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A statutory rape conviction can have very serious consequences, including a lengthy prison sentence and sex offender registration. If you are charged with statutory rape, you should contact a Georgia criminal defense attorney. Laws can change at any time, and an attorney can tell you how your case is likely to fare in court and help you obtain the best possible outcome under the circumstances.