Legal Question in Criminal Law in Georgia

In the State of Georgia with the age of consent being 16 does that mean that a 17 year old could have sex with a man of or over the age of 18 and the man NOT be charged with rape?

By the way I'm sorry if I got this under the wrong category. I'm not a law expert so I just guessed at what it would go under.


Asked on 3/05/11, 8:51 pm

1 Answer from Attorneys

Phillip M. Cook Cook Legal Services, LLC

Criminal law is the correct category for this question. You are correct -- a 17 year old can have sex with a man over the age of 18 and the man should NOT be charged with statutory rape. Here's the exact language of the statute, so you can read it for yourself --

16-6-3. Statutory rape.

(a) A person commits the offense of statutory rape when he or she engages in sexual intercourse with any person under the age of 16 years and not his or her spouse, provided that no conviction shall be had for this offense on the unsupported testimony of the victim.

(b) A person convicted of the offense of statutory rape shall be punished by imprisonment for not less than one nor more than 20 years; provided, however, that if the victim is 14 or 15 years of age and the person so convicted is no more than three years older than the victim, such person may, in the discretion of the court, be punished as for a misdemeanor.

Best of luck.*****The above is for informational purposes only and does not create an attorney-client privilege.*******

Read more
Answered on 3/06/11, 3:40 am


Related Questions & Answers

More Criminal Law questions and answers in Georgia