Maha Amircani, a statuory rape protection attorney in Atlanta, Georiga at Amircani Law describes the main information to learn in the event that you’ve been included in the event that you or someone you care about has been targeted for the statutory rape prosecution.

Dealing with a statutory rape fee in Georgia is a significant matter, however you stay a high probability of clearing your name if you’re equipped with knowledge and a lawyer that is good.

Continue reading to understand exactly exactly what comprises statutory rape in Georgia, in the event that state includes a Romeo and Juliet exclusion, and much more about Georgia dating and sexting legislation.

Maha represents consumers in state and court that is federal in addition to administrative procedures. Her training focuses primarily on the regions of injury, unlawful protection, and real estate closings. Posted on: might 4, 2018. Final updated on: 10, 2019 june.

Criminal Defense

Amircani Law is a small-firm by design, to be able to offer consumers top and a lot of service that is responsive.

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Statutory Rape Georgia

Within the continuing state of Georgia, rape is understood to be the work of carnal understanding of a female with force and against her will. Carnal knowledge is theoretically understood to be penetration associated with the female intercourse organ by the male sex organ. Nonetheless, statutory rape will not always range from the utilization of force, along with other sexual functions such as for instance dental intercourse may come under statutory rape.

Many states recognize the present day truth of underage sex and tend to be more lenient in terms of sex that is consensual events close in age. In Georgia, consensual intercourse between an individual who is 14 or 15 yrs. Old and a person who is under 18 yrs. Old (with no a lot more than 4 years more than the very first individual) is categorized as a misdemeanor. This supply, which lightens the possible phrase, is placed in Georgia Code, Title 16, Chapter 6, Section C.

Conversely, whenever age space is bigger and something party has authority within the other, the punishments tend to be more serious. Typical examples include teacher-student, parent-guardian, general public officials.

As soon as the convicted person is under 21 yrs old, their felony conviction for statutory rape carries a phrase of just one to 20 years in jail. If the convicted is age 21 or older, then your minimal phrase is a decade and also the optimum is two decades. 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 much as a year, therefore the sentencing court gets the capacity to utilize probation, community solution, and fines. A “stay away” order may be issued in also this situation.

Regardless if you are dealing with a misdemeanor or perhaps a felony statutory rape fee, calling an unlawful protection lawyer ASAP might help protect your liberties and give a wide berth to a tough phrase. An experienced criminal defense lawyer if you’ve been arrested in Atlanta or the metropolitan area, consider Maha Amircani.

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 anyone beneath the chronilogical age of 16 years and never his / her partner, so long as no conviction will probably be had with this offense regarding the testimony that is unsupported of target.

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

(c) In the event that target has reached minimum 14 but not as much as 16 years old and also the individual convicted of statutory rape is 18 years old or more youthful and it is a maximum of four years over the age of the target, such individual will probably be bad of a misdemeanor.

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

Today contact Amircani Law.

Age of Consent in Georgia

Georgia statutory rape legislation is broken whenever a person has consensual sexual activity with somebody under age 16 that isn’t their partner. The offender is under age 19 and the victim is no more than 4 decades younger, the crime is classified as a misdemeanor as opposed to a felony while no closing in age exemptions exist in Georgia, in the event. This difference starts the likelihood of benefiting from the Georgia First Offender Act conditions, that really help very first time offenders avoid permanent documents.

In the usa, state legislation determines the chronilogical age of permission for residents for the reason that state. Chronilogical age of permission into the U.S. Presently varies from 16 to 18 years old. In Georgia, statutory rape will not connect with intercourse between married people, and wedding is legal at age 16 having a parent’s permission. One must be 18 or older to marry without parental permission in Georgia.

In Georgia, there are some other crimes besides statutory rape being associated with chronilogical age of permission and youngster punishment.

Sexual intercourse by having a person that is underage be charged once 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 cost supports a year in prison and a superb to not go beyond $1,000.00.
• Aggravated intimate battery: Felony punishable by a life phrase or perhaps a separate sentence of 25 years to life with life time probation.
• Aggravated sodomy: Felony punishable by no less than 25 years; being a misdemeanor, the maximum phrase is a year 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 two decades.
• Incest: Felony punishable by 25-50 years in jail.
• Intimate Battery: Felony punishable by 1-5 years in jail.
• Trafficking an individual for involuntary work or intimate 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.