Statutory Rape (O.C.G.A. § 16-6-3)
Understanding Statutory Rape Under Georgia Law
O.C.G.A. § 16-6-3 defines statutory rape as engaging in sexual intercourse with a person under the age of consent, which is 16 in Georgia. This law recognizes that minors may not have the legal capacity to consent to sexual activities.
O.C.G.A. § 16-6-3: A person commits the offense of statutory rape when he or she engages in sexual intercourse with any person under the age of 16 years and is not his or her spouse, regardless of the age of consent in the perpetrator’s state.
Examples of Breaking the Law
- An adult having sexual relations with a 15-year-old.
- A person over the age of 18 engaging in sexual intercourse with someone who is 15.
- A 17-year-old engaging in sexual intercourse with a 14-year-old.
Punishments for Violating O.C.G.A. § 16-6-3
The penalties for statutory rape in Georgia are severe:
- If the perpetrator is under 21, the crime is a misdemeanor, carrying a maximum penalty of up to one year in jail.
- If the perpetrator is over 21, it’s a felony, punishable by 10 to 20 years in prison.
Defense Strategies
Defense strategies in statutory rape cases may include:
- Proving the accused’s age to be under 21, which can significantly affect the severity of the punishment.
- Demonstrating a lack of knowledge of the victim’s age, in certain situations.
- Questioning the evidence or circumstances surrounding the alleged incident.
Comparison with Other States
Georgia’s statutory rape laws are relatively strict, especially regarding the significant age gap between the perpetrator and the victim. Other states may have varying age gaps for similar charges and different categorizations for the severity of the offense.
Seeking Legal Assistance
If you’re facing charges of statutory rape, legal representation is crucial. Watson Law LLC, led by Attorney Zakiya Watson-Caffe, Esq., is experienced in handling such sensitive cases with the utmost discretion and dedication.
Ready to Get Legal Help?
Charged with statutory rape? You need a knowledgeable and experienced legal team. Contact Watson Law LLC for a consultation. Attorney Zakiya Watson-Caffe, Esq., and her team are prepared to provide the expert legal support you need. Discover more about our firm and our approach to your defense on our About Us page.
