Georgia Statutory Rape Defense Lawyer

 Statutory rape may not be punished as severely as rape. However, a conviction for this offense can have life-changing consequences: up to 20 years in prison and a lifetime on the sex offender registry. If you have been wrongly accused of statutory rape, you must take the allegations very seriously and immediately retain an attorney experienced in defending sex crimes.

What Does Georgia Consider Statutory Rape?

The Georgia statute states that the offense of statutory rape (O.C.G.A. 16-6-3) has been committed when a person “engages in sexual intercourse with any person under the age of 16 years and not his or her spouse.”

Statutory rape is usually charged as a felony. An offender over the age of 21 will face a sentence of 10-20 years in prison and mandatory registration as a sex offender. An offender under 21 is facing 1-20 years in prison.

However, in some cases, statutory rape is charged as a misdemeanor. Many states, including Georgia, have recently created so-called “Romeo and Juliet laws” to address situations in which the victim and perpetrator are close in age. These statutes were passed to acknowledge that sexual contact between a 15-year-old and an 18-year-old classmate is less egregious than sex between a 15-year-old and a 40-year-old. Georgia's law states that if a victim is at least 14 and the perpetrator is 18 or younger and no more than 4 years older than the victim, the offense will be charged as a misdemeanor. The subsequent punishment may include up to a year in jail, probation, fines, community service, and/or a stay away order.

Georgia Statutory Rape Defenses

(And Non-Defenses)

While there are a number of possible defenses for a charge of statutory rape, some commonly argued explanations will not hold up in court. These include: “She agreed to sex, no force was used” and “I thought she was older.”

In the first place, it does not matter whether the underage person “consented.” In the eyes of the law, a minor under the age of consent (16 years) does not have the capacity to consent to sex. Furthermore, statutory rape is a strict liability crime, meaning that it does not matter whether the perpetrator was aware of the victim's age. The fact that the sexual intercourse with a minor took place is enough to gain a conviction.

So what will hold up in court? The best defense is that no sexual contact with the minor occurred. It is up to the prosecution to prove beyond a reasonable that the crime was committed; lack of evidence should, ideally, lead to an acquittal. If you can show that the allegations are being made for malicious reasons, this would go a long way in showing the charges to be false. Finally, while not knowing the age of the victim is not grounds for acquittal, if you reasonably believed the minor to be an adult (for example, you met them in a 21 and over bar and they had a fake ID), this factor may lead to a mitigation of any possible punishment.

Hire an Experienced Statutory Rape Lawyer

Your defense strategy will depend on the specific circumstances of your case. The best way to help yourself after being accused of statutory rape is to consult with an expert sex crimes defense attorney as soon as possible. Contact the Berry Law Group and we will provide you with a free consultation. We would like to hear your story and help you obtain the justice you deserve.