Statutory Rape

In Georgia, statutory rape is sexual intercourse with any person under the age of 16 years by a person who is not his or her spouse.  It does not matter if the victim was willing.  The offense is base don the fact that a person under the age of 16 years cannot consent to intercourse.

Under Georgia law, a conviction for statutory rape cannot be had based on the unsupported testimony of the victim.  

In general, a person convicted of statutory rape can face a sentence of 1 to 20 years in prison.  However, if the defendant is 21 years of age or older, then the sentencing range goes to 10 to 20 years in prison.  The offense is subject to sentencing under OCGA 17-10-6.2.

There is an exception for young people close in age.  If the victim is at least 14 years old but under 16 years of age, and the defendant is 18 years of age or younger and no more than four years older than the victim, then the offense will be treated as a misdemeanor.

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