{"id":372802,"date":"2016-03-31T21:35:02","date_gmt":"2016-04-01T02:35:02","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/georgia-law\/georgia-sexual-assault-laws.html"},"modified":"2024-12-18T17:51:43","modified_gmt":"2024-12-18T22:51:43","slug":"georgia-sexual-assault-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/georgia-law\/georgia-sexual-assault-laws.html","title":{"rendered":"Georgia Sexual Assault Laws"},"content":{"rendered":"\n
\n \n
\n

Georgia Sexual Assault Laws<\/h1>\n
\n
\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
\n

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
\n

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Georgia’s sexual assault laws are different from those in other states. While Georgia law recognizes multiple sexual offenses, they all fall under what most people call sexual assault. For example, Georgia\u2019s criminal code<\/a> has specific laws on sexual battery, rape, statutory rape, and improper sexual contact.<\/p>\r\n

Here, we\u2019ll explain Georgia\u2019s sexual assault laws, including the penalties and possible defenses to this sex crime. If you\u2019re facing sexual assault charges, you should seek legal advice<\/a> immediately. The penalties for these sexual offenses are severe, and you may have to register as a sex offender for life.<\/p>\r\n

Difference Between Rape and Other Sex Offenses<\/b><\/h2>\r\n

Most people understand that the definition of rape<\/a> is having sexual intercourse with someone against their will. Rape also requires the use of force. But, Georgia law is particular about how rape differs from other sexual offenses.<\/p>\r\n

For example, Georgia’s rape law<\/a> only applies to female victims, whereas sexual battery or improper sexual contact can happen between people of any gender. The other thing about the sex offenses we call sexual assault is that there is no need for the use of force.<\/p>\r\n

Here, we will explain the various sexual assault laws in the State of Georgia. We will also provide an easy-to-read chart that breaks down the sex offenses and their penalties. If you\u2019re facing charges in a criminal case, you must know what is about to take place. Not only will you face jail time and fines, but the state may require you to register as a sex offender<\/a>.<\/p>\r\n

Georgia\u2019s Sexual Assault Laws at a Glance<\/b><\/h2>\r\n

The following table highlights the main provisions of Georgia’s sexual assault and battery laws. See also Rape<\/a>, Statutory Rape<\/a>, and Sex Offenders and Sex Offenses<\/a>.<\/p>\r\n\r\n
Charge<\/th>\r\nCode section<\/th>\r\nIs consent a defense?<\/th>\r\nPenalties<\/th>\r\n <\/th>\r\n<\/tr>
Improper sexual contact<\/th>\r\n

O.C.G.A. \u00a716-6-5.1<\/a><\/p>\r\n<\/td>\r\n

No<\/p>\r\n<\/td>\r\n

    \r\n
  • A prison sentence of one to 25 years and a fine of up to $100,000<\/li>\r\n
  • If the victim is under 16: 10-30 years in prison, up to $100,000 in fines, and mandatory sexual offender registration<\/li>\r\n
  • Subsequent Offenses: Life sentence<\/li>\r\n
  • Mandatory registration as a sexual offender<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>
Sexual battery<\/th>\r\n

O.C.G.A. \u00a716-6-22.1<\/a><\/p>\r\n<\/td>\r\n

 <\/p>\r\n<\/td>\r\n

 <\/p>\r\n

    \r\n
  • First offense:<\/b> Up to 12 months in jail and a fine of up to $5,000<\/li>\r\n
  • Subsequent Offenses:<\/b> Between one to five years of prison time<\/li>\r\n
  • Mandatory sex offender registration<\/li>\r\n<\/ul>\r\n

     <\/p>\r\n<\/td>\r\n<\/tr>

Rape<\/th>\r\n

O.C.G.A. \u00a716-6-1<\/a><\/p>\r\n<\/td>\r\n

Yes<\/p>\r\n<\/td>\r\n

    \r\n
  • Imprisonment for 25 years to life<\/li>\r\n
  • The death penalty is available for aggravating circumstances<\/li>\r\n
  • Mandatory sex offender registration<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>
Statutory rape<\/th>\r\n

O.C.G.A. \u00a716-6-3<\/a><\/p>\r\n<\/td>\r\n

No<\/p>\r\n<\/td>\r\n