Statutory Rape Georgia. Author: Maha Amircani, Founder, Amircani Law, LLC

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 if you’ve been included in the event that you or someone you care about is being targeted for the statutory rape prosecution.

Dealing with a statutory rape cost in Georgia is a critical matter, you stay a high probability of clearing your title if you’re equipped with knowledge and a lawyer that is good.

Continue reading to understand just exactly what comprises statutory rape in Georgia, in the event that state features a Romeo and Juliet exclusion, and much more about Georgia dating and law that is sexting.

Maha represents customers in state and federal court litigation along with administrative procedures. Her training focuses on the regions of injury, criminal protection, and real-estate closings. Posted on: May 4, 2018. Final updated on: June 10, 2019.

Criminal Defense

Amircani Law is just a small-firm by design, so that you can offer consumers the very best and a lot of responsive solution possible.

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Statutory Rape Georgia

Within the continuing state of Georgia, rape is described as the work of carnal familiarity with a lady with force and against her will. Carnal knowledge is theoretically thought as penetration regarding the feminine intercourse organ by the male intercourse organ. Nevertheless, statutory rape doesn’t always are the utilization of force, along with other intimate acts such as for example dental intercourse may are categorized as statutory rape.

Numerous states recognize the current truth of underage sex and generally are more lenient in terms of consensual intercourse between events near in age. In Georgia, consensual intercourse between somebody who is 14 or 15 years of age and a person who is under 18 years old (with no a lot more than 4 years more than the initial individual) is categorized being a misdemeanor. This supply, which lightens the prospective 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 on the other, the punishments are far more serious. 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 phrase of 1 to 20 years in prison. Then the minimum sentence is ten years and the maximum is twenty years if the convicted is age 21 or older. In this instance, the convicted individual must additionally register being a intercourse offender.

Misdemeanor charges are less serious. They could need prison time as singleparentmeet much as twelve months, together with sentencing court gets the capacity to make use of probation, community solution, and fines. A “stay away” order may be issued in also this situation.

Whether you’re dealing with a misdemeanor or a felony statutory rape cost, calling a criminal protection lawyer ASAP often helps protect your liberties and prevent a tough phrase. In the event that you’ve been arrested in Atlanta or perhaps the metropolitan area, consider Maha Amircani, a skilled unlawful protection attorney.

2017 Georgia Code

TITLE 16 – CRIMES AND OFFENSES

CHAPTER 6 – SEXUAL OFFENSES

  • 16-6-3 – Statutory rape

(a) someone commits the offense of statutory rape as he or she partcipates in sexual activity with anybody beneath the chronilogical age of 16 years and never his / her partner, so long as no conviction will probably be had because of this offense in the unsupported testimony of this target.

(b) Except as provided in subsection (c) for this Code area, an individual convicted associated with the offense of statutory rape will be penalized by imprisonment for for around one nor significantly more than twenty years; supplied, however, that when anyone therefore convicted is 21 years or older, such person will probably be penalized by imprisonment for for around ten nor significantly more than twenty years. Anybody convicted under this subsection for the 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 additionally the individual convicted of statutory rape is 18 years or more youthful and it is a maximum of four years avove the age of the target, such individual will probably be bad of the misdemeanor.

Statutory Rape in Georgia: first get the facts as well as the assistance you may need.

Today contact Amircani Law.

Age of Consent in Georgia

Georgia statutory rape legislation is broken when 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, if your offender is under age 19 as well as the target is not any more than 4 years more youthful, the criminal activity is categorized being a misdemeanor instead of a felony. This difference starts the alternative of using the Georgia First Offender Act conditions, that really help very first time offenders avoid records that are permanent.

In the us, state legislation determines the chronilogical age of permission for residents for the reason that state. Chronilogical age of permission when you look at the U.S. Presently varies from 16 to 18 years old. In Georgia, statutory rape doesn’t connect with intercourse between married people, and wedding 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 more crimes besides statutory rape being associated with chronilogical age of consent and son or daughter punishment.

Sexual intercourse with a person that is underage be charged because 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 cost supports a year in jail and a superb never to meet or exceed $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 no less than 25 years; as 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 life. 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 intimate 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.

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