Georgia Age of Consent Lawyers | LegalMatch Law Library
Even if it is consensual, having intercourse with someone under the age of 16 is considered statutory rape in Georgia and could carry serious penalties. In Georgia, anyone who engages in sexual intercourse with a person under the age of 16 can face charges for statutory rape, even if the other person consents. Individuals aged 15 or younger in Georgia are not legally able to consent to sexual Georgia statutory rape law is violated when an individual has consensual.
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This crime has the same close-in-age exception as statutory rape stated above if the victim is 14 or 15 years old and the actor is 18 or younger and within 4 years of age. A third applicable crime is "aggravated child molestation", which is any act of the previously mentioned child molestation that causes injuries to the victim, or involves an act of "sodomy" defined under state law as any act of oral sex or anal sex. However, if the victim is 13, 14 or 15 years old, the actor is 18 or younger and within 4 years of age, and the act committed was "sodomy" and did not cause injury, the crime is reduced to a misdemeanor.
This exception was added after a landmark case, Wilson v. State of Georgia occurred in and caused lawmakers to think the statute should have a close-in-age exception.
At the time because of the words of the law, a year-old boy was sentenced to 10 years in prison for having consensual oral sex with a year-old girl. Inthe Georgia Supreme Court reversed the conviction of a man convicted of raping a year-old girl because the age of consent in Georgia was 10 at the time.
Nonetheless, the Court recommended raising the Georgia age of consent, saying "the age of consent in many States is higher than in this State, and should be made higher here; and a committee of ladies" is petitioning to do that. There is however a close-in-age exemption, which allows those aged 14 and 15 to consent to sex with those less than five years older.
Avery Chumbleya member of the Hawaiian Senatehad made efforts to raise the age of consent. If the victim is under the age of 16 and female, and the actor is male and age 18 or older, or if the female is age 16 or 17 and the male actor is at least 3 years older, any penetrative act including intercourse, anal sex and oral sex is considered Rape.
This law does not discriminate by the gender of the victim nor actor, and notably provides no exceptions based on the parties being close-in-age. Like Lewd Conduct above, this law does not discriminate by gender. There is no close-in-age exception, crossing the age boundary is Criminal Sexual Assault. Although Illinois' minimum marriage age with parental consent or court order is 16,  there is no statutory exception to the age of sexual consent.
History of Illinois laws[ edit ] Bill was introduced in to decriminalize sexual relationships between children 13—16 years old and those fewer than five years older, but the bill failed to pass.
Ages of consent in the United States
Republican state representative Dennis Reboletti of Elmhurst stated that he did not believe judges should be able to reverse decisions made by prosecutors. The law allows the actor a defense to prosecution if the victim is currently or was previously married the absolute minimum marriageable age in Indiana is 15although this defense does not apply in the case of violence, threats or drugs.
This is not a close-in-age exception though, but merely a defense in court. The law also allows a mistake of age defense if the actor reasonably believed the victim was 16 or older. The age limit rises to 18, according to IC, if the actor is an adult who is the guardian, adoptive parent, adoptive grandparent, custodian, or stepparent of the minor; or a child care worker for the minor; or a military recruiter who is attempting to enlist over the minor.
Under certain aggravating circumstances, the crime becomes a Class A felony. A person commits sexual abuse in the third degree when the person performs a sex act under any of the following circumstances Kansas[ edit ] The age of consent in Kansas is Aggravated indecent liberties with a child is sexual intercourse with a child who is 14 or more years of age but less than 16 years of age.
Limon the previous Kansas age of consent law, which did not apply to homosexuals, was struck down by the Kansas Supreme Court due to 's Lawrence v.
Ages of consent in the United States - Wikipedia
Evidence of Statutory Rape No one can be convicted of statutory rape based solely on the testimony of the victim. There must be some other evidence to corroborate support the charge.
Corroborating evidence may be slight and circumstantial and may include prior statements by the victim. For example, if a year-old boy tells two of his friends that he has engaged in sexual intercourse with an adult and those two friends testified at trial, their testimony could be sufficient to convict the defendant of statutory rape.
Statutory rape is punished more severely if the defendant is over the age of If the defendant is 21 years old or older, then statutory rape is punishable by ten to 20 years in prison. Sex Offender Registration People in Georgia who are convicted of statutory rape are required to register as sex offenders if they are over the age of 21 when the offense is committed.
Registered sex offenders are required to give personal information to local police officers on a regular basis and face many restrictions, including holding certain jobs and even going to certain places in the community. When Both Parties Are Minors: In Georgia, there is a Romeo and Juliet exemption for consensual sex between a victim who is 14 or 15 years old and someone who is 18 or younger and no more than four years older than the victim.
However, this is a limited exception because it serves to reduce the conduct from a felony to a misdemeanor offense.