Statutory rape is a confusing crime for many people who have been charged with it because they believe the alleged victim consented to the sexual interaction. Sometimes that person may have even initiated it. If you are facing statutory rape charges, you should not speak to law enforcement officers. Instead, you should consult with an experienced criminal defense lawyer.
The statutory rape defense lawyers from Crawford and Boyle, LLC can meet with you to discuss the charges against you. We approach you with compassion and understanding, not judgment and contempt. Call us today to take advantage of a free consultation.
What Is Statutory Rape?
Statutory rape is considered a sex crime against a child. The term “statutory” refers to a legal definition in a statute. It is only illegal because the law says it is. The relevant statute is contained in Georgia Code § 16-6-3, which states that “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.”
Under this definition, Georgia applies an “age of consent” of 16. Therefore, anyone younger than this age is considered not to be able to legally provide consent. Therefore, even if the alleged victim said it was okay to engage in the sexual activity, the law says they don’t have this right or power.
Establishing an age of consent helps identify who is legally and mentally capable of consenting to an activity and its potential risks. By establishing this type of law, Georgia lawmakers communicate that children and teenagers are not able to understand the potential consequences of sexual activity, even if they may engage in other high-level activities, such as driving or holding down a job.
What a Prosecutor Must Prove to Secure a Conviction for Statutory Rape
The prosecutor bears the burden of proof in criminal cases, meaning they are responsible for establishing each element of the crime by proof beyond a reasonable doubt. Statutory rape crimes require showing the following legal elements:
- The alleged victim is under the age of 16.
- The defendant and alleged victim had sexual intercourse.
- The alleged victim was not the defendant’s spouse.
Notably, the prosecutor does not have to prove your intent because the act of having sex with someone younger than 16 is illegal. The act itself makes it a crime, regardless of any intent.
It is also not relevant if you thought that the victim was older, as you are responsible for any assumptions you made about age. Even if the victim said they were older, this is not a viable defense, as it is considered your legal responsibility only to engage in sexual activity with a partner who is legally able to consent to it.
Likewise, even if the alleged victim was the one who initiated the activity, the victim is still not able to legally consent to engage in sexual intercourse when they are under the age of 16.
An important note on Georgia’s statutory rape law is that, under the law, “no conviction shall be had for this offense on the unsupported testimony of the victim.” Therefore, if the situation is simply a he-said, she-said, that is not enough for a conviction. The prosecutor would need additional evidence, such as:
- Witness statements
- Text messages
- Photos or videos
- Forensic evidence
- Sexual assault evidence kits
Penalties for Statutory Rape
The penalty for statutory rape is usually determined by the respective ages of the victim and the defendant. Their criminal history can also impact sentencing upon conviction.
Statutory rape is typically classified as a felony. The typical penalty for this criminal offense is one to twenty years’ imprisonment. However, if the defendant is 21 or older, the minimum sentence is ten years, up to twenty years. Additionally, the defendant is subject to Georgia’s sentencing laws for sexual offenses, which make them subject to a split sentence of the minimum term of imprisonment, none of which can be suspended, stayed, probated, deferred, or withheld by the court. They will receive at least one year of probation and are not eligible to be sentenced as a first offender under Georgia law.
If the defendant had been previously convicted of a sexual felony and is 21 years or older when convicted of statutory rape, they can be sentenced to life imprisonment or a split sentence that is a term of imprisonment followed by probation for life. If they receive probation, they are subject to electronic monitoring.
If the defendant and alleged victim are close in age, the charge is considered a misdemeanor. This occurs when the alleged victim is 14 or 15 years old, the defendant is 18 or younger, and the age gap is not greater than four years.
While the law provides ranges for penalties, it is up to each judge to weigh the facts of the case and determine an appropriate sentence upon conviction.
Legal Defenses to Statutory Rape
Because the crime of statutory rape occurs when sexual intercourse occurs and the alleged victim is under 16, it is often difficult to raise a viable defense. If these two facts apply, you are considered to have committed a criminal offense.
Still, an experienced criminal defense lawyer can evaluate potential legal arguments that you may be able to make, starting with the statutory definition. For example, there is an exception if you and the alleged victim are married.
Another option is to try to get the “Romeo and Juliet” law to apply. While this isn’t a complete defense to the act, it can reduce what would otherwise be a felony charge to a misdemeanor. This applies if you are less than four years older than the alleged victim, who is age 14 or 15.
Additionally, this crime requires sexual intercourse. If you engaged in some sexual activity with the minor but not full intercourse, you have not committed the crime of statutory rape.
Many defenses may arise based on the instruction that a conviction cannot be based solely on the alleged victim’s testimony. The prosecution must have other evidence to show that you committed the crime, such as physical evidence or witness testimony. This evidence might not exist.
It is not uncommon in many sexual crime cases for false allegations to arise. The victim may be making false claims after a bitter breakup, to seek revenge, or due to regret after some sexual activity.
An experienced criminal defense attorney can investigate your particular situation and determine the most viable defenses to raise on your behalf.
What Should I Do If I Have Been Accused of Statutory Rape
While it’s natural that you might want to try to clear your name and explain your side of the story to the police, admitting that you had a relationship with the alleged victim could give law enforcement the evidence they need to convict, which they might not otherwise have. It is best to exercise your right to remain silent.
Then, request an attorney. When you hire an attorney, look for one with extensive experience handling criminal matters who has handled sex crime cases before. At Crawford and Boyle, LLC, we have this experience and can use strategies that have proven effective in similar cases. We have a proven track record of success we can leverage to fight for the best outcome possible.
Why Do I Need a Lawyer If I Have Been Charged with Statutory Rape?
Criminal defense lawyers have a strong understanding of the criminal justice system. They use this knowledge to fight for their clients’ rights. They can also alleviate stress by providing strong legal representation so that the client does not have to handle the legal aspects of their case.
When you hire Crawford and Boyle, LLC, we provide comprehensive legal services, including:
- Meeting with you during a confidential consultation to get your version of events
- Conducting an independent investigation to gather evidence to use to support your version of events and identify possible defense strategies
- Challenging constitutional violations and other police misconduct
- Filing legal motions, as appropriate, to exclude evidence or dismiss charges
- Devising a customized legal strategy based on the circumstances of your case
- Handling communications with law enforcement and prosecutors so you don’t say anything that harms your case
- Negotiating for a favorable plea bargain
- Representing you in court if your case goes to trial
Contact Our Criminal Defense Lawyers Today
If you have been charged with statutory rape in Georgia, you need an experienced criminal defense lawyer who will take protecting your legal rights seriously. At Crawford and Boyle, LLC, we have over 60 years of experience. We have extensive experience handling all types of criminal defense matters, including sex crimes and rape charges. We are former prosecutors who have trained the police and investigators, so you can trust that we have the knowledge and skill to provide an effective defense in your case.
Contact us today to arrange a confidential consultation.