While statutory rape has been a crime for a long time, many people still misunderstand the offense and the potential consequences. It can lead to felony charges and incarceration upon conviction.
Understanding the legal landscape and building a defense is critical for a best-case outcome.
What constitutes statutory rape?
It is defined under Georgia code as engaging in sexual intercourse with someone under the age of 16 who is not your spouse. The law does not consider consent as a defense because individuals under 16 are deemed incapable of legally consenting to sexual activity. Even if the minor agrees to the activity, it is still a crime.
What are the possible penalties?
The penalties can vary depending on the ages of the involved individuals, but as a felony, it is punishable by one to 20 years in prison. If the defendant is 21 or older, the minimum sentence may increase to between 10 and 20 years.
What is the “Romeo and Juliet” provision?
There’s a provision in the law that can provide some leniency for young couples close in age and may result in a misdemeanor instead of felony charge. The conditions that must be met for reduced charges include the following:
- The victim is between 14 and 16 years old.
- The defendant is 18 years old or younger.
- The age difference between parties is four years or less
This helps to prevent serious penalties for consensual relationships between teenagers who are close in age.
A mistake need not define someone’s entire life. With experienced legal guidance, you can navigate this challenging time and work to minimize the consequences.