In Georgia, anyone who engages in sexual intercourse with a person under the age of 16 can face charges for statutory rape, even if the other person consents to the act. § 16-6-3.) This defense is a vestige of the marital rape exemption.For more information on statutory rape, see Statutory Rape Laws. 2007).) For example, even if a 15-year-old girl looked like and said that she was older than 16 years old, that would not provide a defense to statutory rape. It is a defense to a charge of statutory rape that the child and the defendant are married. For more information, see Georgia Marital Rape Laws.: The information contained in or provided through this site section is intended for general consumer understanding and education only and is not intended to be and is not a substitute for professional advice.
Statutory rape is punishable by one to 20 years’ imprisonment.
If the defendant is 21 years old or older, then statutory rape is punishable by ten to 20 years in prison. § 16-6-3.) People in Georgia who are convicted of statutory rape are required to register as sex offenders if they are over the age of 21 when the offense is committed. § 42-1-12.) A statutory rape conviction can have very serious consequences, including a lengthy prison sentence and sex offender registration.
Under Georgia law, in order to convict a person for statutory rape, the prosecutor need only prove: A person can be convicted of statutory rape even if the child initiated, agreed to, and fully understood the nature and consequences of the sex act. No one can be convicted of statutory rape based solely on the testimony of the victim. § 16-6-3.) Corroborating evidence may be slight and circumstantial and may include prior statements by the victim.
Statutory rape is punished more severely if the defendant is over the age of 21. There must be some other evidence to corroborate (support) the charge. It is up to the jury to decide if the victim’s testimony has been corroborated.
While living in Georgia and before his primary family moved here, Holder met Jeremy (who also asked his last name not be used) at a camping festival.