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What is Statutory Rape and Punishment in Georgia?

What is Statutory Rape?

Rape is an act of sexual intercourse that is done without the consent of any of the parties involved. Rape is considered a heinous crime and involves severe punishment. However, when sexual intercourse happens with consent then it is not rape. But when one of the parties involved in underaged or below the age of consent, then even consensual sexual intercourse is called statutory rape. Even if both parties had consented to the act, if one of them is below the age of consent, then it is considered as statutory rape.

The age of consent is the age below which sexual intercourse is considered to be invalid. The presumption here is that someone below the age of consent is not mature enough to be able to take a decision regarding sexual intercourse. Also, to protect the rights of children and young people, Governments fix the age of consent for sexual intercourse. In Georgia, the age of consent that has been fixed in the statutes is 16 years.

Georgia Statutory Rape Law

Statutory rape in Georgia

In Georgia, since the age of consent is 16 years, sexual intercourse with anyone below the age of 16 years is considered as statutory rape. Even if the act were consensual, it would still be considered as statutory rape under the law. Statutory rape has been defined in The Georgia Code Chapter 6 16-6-3. As per this, the definition of statutory rape is that a person is said to have committed statutory rape, if he or she has sexual intercourse with someone below the age of 16, not being his or her spouse. The law also states there would be no conviction for this crime if the testimony of the victim is unsupported.

Felony or misdemeanor
Statutory rape can be categorized either as a felony or a major offense or can be considered as a misdemeanor. The classification is explained in the statutes with a guideline on how the classification is to be done.

Statutory Rape Law Georgia

Felony
If the person convicted of statutory rape is more than 21 years of age, then the act is considered a felony. Under the provisions of the statute, the punishment for statutory rape, in this case, shall be imprisonment for a period of between 10 to 20 years.

Misdemeanor
If the victim is below 16 years of age and above 14 years of age, and the accused is 18 years of age or younger, then this act shall not be considered a felony. Instead, it shall be treated as a misdemeanor. Under the law, a misdemeanor can lead to imprisonment for one year. It may also lead to probation, community service or fine.

Explanation of the law
The law makes it illegal for sexual acts where one of the persons is below the age of 16, irrespective of whether consent was given or not. If the victim is between 14 to 16 years and the accused is 18 or below, then it is considered a misdemeanor. This provision is referred to as a Romeo Juliet clause. What this implies is that love between young people (14-18) is common and if it leads to an act of statutory rape, can be treated as a misdemeanor and not a serious offense.

Georgia Rape Laws

However, if the perpetrator is 21 or above and the victim is below 16, then it cannot be treated lightly as the age difference could mean that the victim was coerced into committing the act. In such a case, the law calls for a severe penalty with imprisonment of more than 10 years.

Georgia Sex Offender Search

Online public records search directories can provide you with information about people who have violated Georgia statutory rape laws, and performed other sex offenses. To perform the search, you need to use a reliable public records search directory, like GoLookUp. The website provides its users with several sex offender search methods, including a criminal records search.

To perform this type of search, you need to type in the name of the person that you are searching. When the search is complete, you will get a public records' report about the person in question, including whether they are registered sex offenders. Another way to find people who have violated Georgia statutory rape laws is to use GoLookUp's zip code search directory. After you enter a zip code into this directory, GoLookUp will scan public records about the area in question, and you will be provided with a report about the registered sex offenders who live in that zip code, including their names, addresses, mugshots, the sex crimes they committed, their distance from you, and more.