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In Georgia, there is no Romeo and Juliet Law, but there is an exception for some cases that reduce the statutory rape charge to a misdemeanor. This exception applies to defendants aged 18 or younger that are within four years older than the victim. The Romeo and Juliet Laws that exist in some states allow young people to consent to sex with someone else who is close to their age, even if the first party is below the standard age of consent for that state.
For example, Delaware provides that the age of consent is However, they have an exception that permits 16 and year-olds to consent to sex with partners up to age Because Georgia has no Romeo and Juliet or close-in-age exception, the results of statutory rape cases can vary widely across the state depending on the circumstances.
For example, it is possible for two underage sex partners in Georgia to each get charged with statutory rape. Georgia can charge in cases where a year-old willingly had sex with a 16 or year-old partner since the year-old could not legally grant consent. The Genarlow Wilson case was an example of the arbitrary nature of sex act violations between young people; at 17 years old, his age did not prevent him from receiving a felony charge and a minimum ten-year sentence, though the sex was consensual.
For help navigating these complex circumstances, your best bet is to reach out to a trustworthy attorney in Atlanta GA. However, these situations frequently lead to complications, so it may be best to avoid the situation entirely. Consensual dating between adults and minors is not a valid defense for statutory rape in Georgia. Regardless of a consensual relationship, sexual intercourse with a person under the age of 16 in Georgia is statutory rape unless the parties are married.
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There have been cases where individuals are charged with contributing to the delinquency of a minor for only inviting the child to disobey his or her parents. But what does Georgia law say about sexting? When done by adults, it is a matter of privacy and they may do what they like. However, when done with or involving minors, the policy against child pornography must be considered.
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The state of Georgia considers teen texting or sexting nude images to be a misdemeanor when it meets the following criteria: In juvenile court , like at the Atlanta Municipal Court , the law can apply more flexible remedies and protect privacy with sealed records and closed proceedings. However, sexting convictions can carry heavy fines and significant sentences for teens, whether tried as adults or juveniles.
In a well-publicized case , a year old soldier had consensual sex with a year-old who claimed she was The accused and the victim ultimately agreed that she lied about her age and circumstances. Because the man was over 21, he faced a sentence of ten to twenty years in prison rather than the one to ten-year penalty applicable to defendants under the age of Georgia senators recently proposed Senate Bill , which would eliminate consent as a defense in charges of sexual contact between students and employees of the same school.
The law responded to situations in which students over the age of 16 engaged in consensual sex with adult employees or agents of the school. Teacher and student sex is already prohibited by Georgia law but proposed SB would eliminate close-in-age misdemeanor exceptions for school employee and student cases. The Genarlow Wilson case illustrates the severe and unreasonable results of a strict application of the statutory rape laws.
The Wilson case involves a year-old in consensual oral sex with a year-old girl. Wilson was charged with child molestation and given a ten-year mandatory minimum sentence, and he was placed on the list of sex offenders. Thus, he will have a lifetime criminal record and reputation as a sex offender that can thwart his participation in society.
If the same situation occurred now, as a first offender, Wilson would be eligible for expungement of his criminal record after completing his sentence, and he would not have to register as a sex offender since the victim and he were both teens, close in age, and consensual partners. Facing a statutory rape charge in Georgia is a serious matter, but you stand a good chance of clearing your name if you are armed with knowledge and a good lawyer.
Statutory Rape Georgia - Amircani Law
According to state law, statutory rape in Georgia is sex with a person under the age of Age of Consent in Georgia. The age of consent in Georgia is 16 years old. Felony punishable by life imprisonment or 25 years to life followed by probation for life. Felony punishable by a life sentence or a split sentence of 25 years to life with lifetime probation.
Felony punishable by imprisonment for ten to thirty years or by imprisonment for life.
Minor Dating Laws
If aggravated, then it is punishable by imprisonment for five to twenty years. Felony punishable by years in prison. Trafficking a person for involuntary labor or sexual servitude. Romeo and Juliet Law Georgia.
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