Maha Amircani, a statuory rape protection attorney in Atlanta, Georiga at Amircani Law describes the main information to understand in the event that you or a loved one is being targeted for a statutory rape prosecution if you’ve been involved.

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

In the event that state features a Romeo and Juliet exclusion, and much more about Georgia dating and sexting legislation.

Author: Maha Amircani, Founder, Amircani Law, LLC

Maha represents customers in state and federal court litigation in addition to administrative procedures. Her practice focuses primarily on the regions of accidental injury, unlawful protection, and property closings. Posted on: might 4, 2018. Final updated on: June 10, 2019.

Criminal Defense

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Statutory Rape Georgia

Within the continuing state of Georgia, rape is understood to be the work of carnal familiarity with a lady with force and against her will. Carnal knowledge is theoretically thought as penetration for the feminine intercourse organ because of the sex organ that is male. Nevertheless, statutory rape will not always are the utilization of force, as well as other intimate functions such as for instance dental intercourse may come adultfriendfinder under statutory rape.

Many states recognize the current truth of underage sex and generally are more lenient with regards to sex that is consensual events close in age. In Georgia, consensual intercourse between an individual who is 14 or fifteen yrs. Old and an individual who is under 18 yrs. Old (with no a lot more than 4 years over the age of the initial individual) is categorized being a misdemeanor. This supply, which lightens the possible phrase, is placed in Georgia Code, Title 16, Chapter 6, Section C.

Conversely, if the age space is bigger and another party has authority on the other, the punishments are far more severemon examples include teacher-student, parent-guardian, general public officials.

If the convicted person is under 21 yrs. Old, their felony conviction for statutory rape carries a sentence of 1 to two decades in jail. Then the minimum sentence is ten years and the maximum is twenty years if the convicted is age 21 or older. The convicted person must also register as a sex offender in this case.

Misdemeanor charges are less serious. They are able to need prison time as high as 12 months, therefore the sentencing court gets the capacity to make use of probation, community solution, and fines. A “stay away” order may additionally be released in this situation.

Whether you might be dealing with a misdemeanor or perhaps a felony statutory rape cost, calling a criminal protection lawyer ASAP can really help protect your legal rights and steer clear of a sentence that is tough. In the event that you’ve been arrested in Atlanta or the metropolitan area, consider Maha Amircani, a seasoned unlawful protection attorney.

2017 Georgia Code

TITLE 16 – CRIMES AND OFFENSES

CHAPTER 6 – SEXUAL OFFENSES

• 16-6-3 – Statutory rape

(a) an individual commits the offense of statutory rape as he or she partcipates in sexual activity with anybody underneath the chronilogical age of 16 years rather than his / her partner, provided no conviction will probably be had with this offense in the testimony that is unsupported of target.

(b) Except as supplied in subsection (c) with this Code area, a person convicted of this offense of statutory rape will probably be penalized by imprisonment for no less than one nor a lot more than twenty years; offered, however, that when the individual therefore convicted is 21 years old or older, such individual will probably be penalized by imprisonment for no less than ten nor significantly more than twenty years. Anybody convicted under this subsection of this offense of statutory rape shall, in addition, be susceptible to the sentencing and punishment conditions of Code Section 17-10-6.2.

(c) In the event that target are at minimum 14 but not as much as 16 years old additionally the individual convicted of statutory rape is 18 years old or more youthful and it is a maximum of four years more than the target, such individual will be responsible of a misdemeanor.

Statutory Rape in Georgia: first get the facts while the assistance you’ll need.

Today contact Amircani Law.

Age of Consent in Georgia

Georgia statutory rape law is broken whenever a person has consensual sexual activity with some body under age 16 who’sn’t their partner. While no closing in age exemptions occur in Georgia, if your offender is under age 19 additionally the target is not any more than 4 years younger, the criminal activity is categorized being a misdemeanor in place of a felony. This difference starts the chance of benefiting from the Georgia First Offender Act conditions, that assist first-time offenders avoid permanent documents.

In the us, state legislation determines the chronilogical age of permission for residents for the reason that state. Chronilogical age of permission within the U.S. Presently varies from 16 to 18 years. In Georgia, statutory rape will not affect intercourse between married individuals, and wedding is legal at age 16 with a parent’s permission. You have to be 18 or older to marry without parental permission in Georgia.

In Georgia, there are various other crimes besides statutory rape being pertaining to chronilogical age of permission and youngster punishment. Sexual intercourse having a person that is underage be charged since 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 fee supports a year in prison and a fine never to meet or exceed $1,000.00.
• Aggravated battery that is sexual Felony punishable by a life phrase or a separate sentence of 25 years to life with life time probation.
• Aggravated sodomy: Felony punishable by no less than 25 years; as being a misdemeanor, the maximum phrase is 12 months and fines of $1,000 or less.
• Son or daughter molestation: Felony punishable by imprisonment for ten to thirty years or by imprisonment for a lifetime. If aggravated, it is punishable by imprisonment for five to 20 years.
• Incest: Felony punishable by 25-50 years in jail.
• Sexual Battery: Felony punishable by 1-5 years in jail.
• Trafficking an individual for involuntary work or sexual 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.