Have You Been Charged with Statutory Rape in Georgia?

While less serious than the crime of capital rape, statutory rape can still carry with it serious life consequences. A conviction for statutory rape can lead to jail time, serious fines and lifetime registration as a sex offender. However, this crime is not always black and white. False accusations can be made for a variety of reasons. Furthermore, the state of Georgia recognizes that the age of the victim and the defendant must be taken in consideration when determining the seriousness of the offense. The Berry Law Group can guide you through this complex legal process. Its lawyers will make it their mission to gain the best outcome in your case – which could mean a dismissal of charges, a not guilty verdict or a reduction in penalties.

Definition of GA Statutory Rape

According to Georgia law (O.C.G.A. 16-6-3), the crime of statutory rape occurs when a person “engages in sexual intercourse with any person under the age of 16 years” who is not their spouse. It does not matter that the victim seemingly “consented” to the encounter – the state of Georgia has deemed that anyone under the age of 16 lacks the legal capacity to consent to sexual activity. Furthermore, statutory rape is a strict liability offense. This means that even if the perpetrator was unaware of the victim's age, a crime was still committed and a prosecution can take place.

Like most states, Georgia recognizes that sexual activity between minors and adults who are close in age is a less serious offense. These situations are addressed by “Romeo and Juliet” laws. Georgia's statute states that if the victim is between the ages of 14-16 years old and the defendant is either 18 years old or no more than four years older than the victim, the crime will be charged as a misdemeanor (rather than a felony).

Punishments for Statutory Rape

Statutory rape is usually charged as a felony. If the perpetrator is under 21 years of age, they will face 1-20 years in prison. An offender over the age of 21 years will receive a sentence of 10-20 years in prison and mandatory registration as a sex offender. However, if the victim is 14-16 years old and the defendant is either 18 years old or no more than 4 years older than the victim, the crime will be charged as a misdemeanor. The subsequent punishment may involve up to 1 year in jail, probation, fines, community service and/or a “stay away” order

What the Berry Law Group Can Do For You

Being accused of statutory rape is serious, but there are many strategies that can be used to defend against this charge. Kimberly Berry is an experienced trial attorney who will work to fight against an unfair charge of statutory rape. It is the burden of the prosecution to prove beyond a reasonable doubt that sexual activity occurred with the minor in question.

While not knowing the victim's age is not a defense against a charge of statutory rape, if the victim lied about his or her age and the perpetrator reasonably believed he or she was above the age of consent, this can be used as a mitigating factor to reduce any potential punishment.

Even when sex has occurred, the consequences can depend heavily on the ages of the victim and the defendant. It is generally accepted that sex between high school classmates, who are 15 and 18 years old, is not in the same category of predatory behavior as sex between a teenager and a person who is decades older.
Kimberly will present your side of the story to prosecutors and, if necessary, a jury. She will counter attempts to paint you as a sexual predator with a more accurate portrayal of you as a person. While being charged with a sex crime is a scary, unsettling experience, having an aggressive attorney as your guide and advocate through the legal process can be greatly reassuring. Take your future into your own hands and call Kimberley today so she can start working for you immediately!