By Christie Nicholson, J.D. | Legally reviewed by FindLaw Staff | Last reviewed December 18, 2024
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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’s criminal code has specific laws on sexual battery, rape, statutory rape, and improper sexual contact.
Here, we’ll explain Georgia’s sexual assault laws, including the penalties and possible defenses to this sex crime. If you’re facing sexual assault charges, you should seek legal advice immediately. The penalties for these sexual offenses are severe, and you may have to register as a sex offender for life.
Most people understand that the definition of rape 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.
For example, Georgia's rape law 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.
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’re 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.
The following table highlights the main provisions of Georgia's sexual assault and battery laws. See also Rape, Statutory Rape, and Sex Offenders and Sex Offenses.
| Charge | Code section | Is consent a defense? | Penalties | |
|---|---|---|---|---|
| Improper sexual contact | O.C.G.A. §16-6-5.1 |
No |
|
|
| Sexual battery | O.C.G.A. §16-6-22.1 |
|
|
|
| Rape | O.C.G.A. §16-6-1 |
Yes |
|
|
| Statutory rape | O.C.G.A. §16-6-3 |
No |
|
Disclaimer: Georgia's criminal laws are subject to change. Consult a criminal defense attorney to learn how the current law applies to your situation.
Until a few years ago, Georgia, like most other states, had a separate criminal offense for sexual assault. But, O.C.G.A. §16-6-5.1 allows the specific offense of “improper sexual contact.” The difference between sexual battery and improper sexual contact is whether the defendant was in a position of disciplinary authority or power over the victim.
If a law enforcement agency learns that a person in such a position engages in unlawful sexual contact with someone's intimate body parts, they may be guilty of improper sexual contact.
Under Georgia law, intimate body parts include, but are not limited to, the following:
To find you guilty, a judge or jury must find that you engaged in the sexual contact for purposes of sexual gratification. The nature of the defendant’s sexual acts will typically speak to this element of the crime.
Sexual battery happens when you make physical contact with the intimate body parts of another without their consent.
The Georgia Criminal Code defines “intimate parts” as:
Here, there isn't an age or gender rule. The alleged victim can be of legal age, or they can be 12 years of age.
Sexual battery is a high and aggravated misdemeanor and carries a penalty of up to one year in jail and a fine of up to $5,000. Subsequent offenses are felonies and are punishable by one to five years in prison and mandatory sex offender registration.
The penalties for sexual assault of a minor are much harsher than they are for someone over 16.
Aggravated sexual battery happens when someone intentionally uses a foreign object to penetrate the sexual organs or anus of another party without their consent. The code defines a foreign object as any instrument other than the defendant’s sex organs.
The penalties for aggravated sexual battery are as follows:
Again, there isn't an age or gender requirement. Consent is a defense.
Georgia law defines rape as carnal knowledge of:
The state defines carnal knowledge as "any penetration of the female sex organ by the male sex organ." This means that Georgia's law against rape only applies if a man rapes a woman.
If the victim is younger than 10, the penalties for this sex crime are more severe.
A rape conviction in Georgia carries a sentence ranging from 25 years to life without parole. The death penalty is also on the table for rape charges. Marriage is not a defense to this crime.
In Georgia, having sex with someone under 16 is statutory rape. This means that even consensual sex with someone under 16 can have legal consequences.
If the state convicts you of statutory rape, you'll face up to 20 years in prison. But, the consequences can vary based on the parties' ages.
Close to half of the states in the U.S. have "Romeo and Juliet" laws. Under these laws, if the victim of statutory rape is 14-16 years old and the defendant is 18 years old or less than four years older than the victim, they will only face misdemeanor charges.
For example, imagine that a male defendant is 20 years old. He is dating and having sex with a girl who is 15. Since the defendant is over 18 and five years older than his girlfriend, the Romeo and Juliet laws don’t apply.
Had the defendant been 18, there would have been no crime since he would have been less than four years older than his partner.
Consent is a defense to sexual assault and rape. One of the elements of this crime is that the defendant uses force to have sex with the victim against their will.
If you’re facing sexual assault charges, you should know the possible penalties these crimes carry. They are severe and have lifelong repercussions. The good news is you don't have to go through this alone.
Contact a Georgia criminal defense lawyer immediately after your arrest. They’ll review your case and help devise a solid legal defense.
If you or someone you know is the victim of sexual assault, contact any of the following resources:
Contact a qualified attorney.
Get tailored legal advice and ask a lawyer questions. Many attorneys offer free consultations.
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