Georgia Rape and Statutory Rape Laws

The crime of rape has a long and uneven history. In the past, rape was only a crime committed by men against women who were not their wives. Today in Georgia, rape remains a crime by a man against a woman. The current statute includes marital rape.

Because Georgia law has this narrow definition of rape, statutes define other types of sex crimes, including aggravated sexual battery, sodomy, and statutory rape. Georgia's code includes several sexual acts which are not criminal if performed between two consenting adults. Consent is an essential component in all definitions of sexual contact.

If someone has accused you of rape, contact a criminal defense attorney or a sex crimes attorney right away.

Definition of Rape

Under Georgia law (O.C.G.A.§ 16-6-1), rape means any person having:

• Carnal knowledge (any penetration of the female sex organ by the male sex organ)
• Of a female
• Forcibly and against her will
• Or of any female under 10 years of age.

The statute includes marital rape in the definition. Under this definition, a man cannot rape a man, and a woman cannot rape a man or another woman. Sexual offenses involving two men or two women result in charges of aggravated sodomy or sexual battery.

Sodomy and Aggravated Sodomy

Georgia's sodomy law (O.C.G.A. § 16-6-2) defines sodomy as any contact between the sexual organs of one person and the mouth or anus of another. Consensual oral sex and anal sex are not criminal acts between consenting adults.

Aggravated sodomy is sodomy committed with force and against the will of the alleged victim. Aggravated sodomy is a felony punishable by life imprisonment or by a split sentence of 25 years imprisonment followed by probation for life.

There is an exception for aggravated sodomy under the "Romeo and Juliet" provision of the statutory rape law.

Definition of Statutory Rape

The age of consent for sexual activity in Georgia is 16. Any sexual contact with a person under 16 is statutory rape (O.C.G.A. § 16-6-3). Under the law, a person under 16 can't legally consent to sex, even if they agree to sexual intercourse. Neither rape nor statutory rape requires the use of force.

The offense of statutory rape is a felony, punishable by one to 20 years imprisonment. If the offender is over 21, the mandatory minimum sentence is 10 years.

Child Molestation

Any sex act conducted in the presence of a child with the intent of satisfying the offender's sexual desires is child molestation (O.C.G.A. § 16-6-4). Child molestation includes any "immoral or indecent act" performed on, to, or in the presence of a child under 16 with the intent of arousing or satisfying the sexual desires of the offender or of the child.

Aggravated child molestation happens if the act injures the child or involves an act of sodomy. Offenders face felony charges with penalties of up to life imprisonment or 25 years and life on parole.

Romeo and Juliet Laws

"Romeo and Juliet laws" provide a carve-out for statutory rape charges where the offender and victim are under 18 and over 14. Romeo and Juliet laws primarily exist for situations where two juveniles have been in a relationship during high school, and one has graduated and is technically an adult.

The Georgia code for statutory rape reduces the crime to a misdemeanor if:

• The defendant is 18 or younger
• The defendant is not more than four years older than the victim
• The victim is between 14 and 16
• The act was consensual sex

Aggravating circumstances, such as force, threat, or lack of consent, negate the defense.

Penalties

Rape, statutory rape, and child molestation are felonies in Georgia. Penalties are life imprisonment, 25 years plus life on probation, or 10-20 years imprisonment, and mandatory sex offender registration.

Georgia repealed its capital rape statute in 2006. The death penalty only applies if the victim dies.

Romeo and Juliet Penalty: The Romeo and Juliet law bumps the crime to a misdemeanor. Depending on the circumstances, offenders may face up to one year in jail, probation, fines, and a possible restraining order.

Mandatory Sex Registration

Offenders convicted of rape and those over 21 convicted of statutory rape must register with the state of Georgia as a sex offender.

Publication of Female Victim's Identity

Georgia law prohibits the media and members of the public from publishing the identity of any female survivor of rape or attempted rape.

Resources

These resources exist for victims of rape and sexual assault:

• National Sexual Assault Hotline: 1-800-656-HOPE
• Georgia Law Enforcement

Disclaimer: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state laws you are researching.

Get Legal Advice from a Georgia Criminal Defense Attorney

Rape and statutory rape are violent sexual crimes with serious penalties. Criminal charges in rape cases often lead to long stretches in prison. Legal representation for these charges is essential so you can get the best possible rape defense. Get legal advice from an experienced Georgia criminal defense lawyer and protect yourself and your legal rights.