You thought it was a private relationship. You thought consent mattered. You thought you were in the clear.
But now you’re charged with statutory rape under Georgia Code § 16-6-3, and everything has changed.
Whether you’re 17 and scared or 27 and shocked, a statutory rape charge isn’t just a legal problem—it’s a life-altering event. And the faster you understand the law, the process, and your options, the better chance you have of protecting your freedom and your future.
Let’s break down what statutory rape means in Georgia, what the penalties are, and how an experienced criminal defense lawyer can help you push back.
Statutory rape in Georgia is defined under O.C.G.A. § 16-6-3(a) as:
“Engaging in sexual intercourse with any person under the age of 16 years and not his or her spouse.”
That’s it. No force is required. No coercion. No physical harm. Even full, enthusiastic consent doesn’t matter legally—because the law says anyone under 16 cannot consent to sex, no matter the circumstances.
So if you’re not married to the person and they’re under 16, sex = a felony.
That won’t necessarily help.
Georgia does not allow a “mistake of age” defense in statutory rape cases. Even if the alleged victim told you they were 17 or 18—or even showed you a fake ID—the law still treats it as a crime.
You may have believed in good faith that they were old enough. You may not have meant to break the law. But the State doesn’t care what you thought—it only cares how old the person actually was.
This is why so many people get caught off guard by this charge.
The consequences depend on your age and the age difference between you and the alleged victim.
If you’re 21 or older, and the other person is under 16, the penalty is:
If you’re under 21, the range is slightly reduced:
If the alleged victim is 14 or 15, and the defendant is:
Then the offense is treated as a misdemeanor, not a felony.
That means:
This is a critical legal distinction—and one that can mean the difference between a future and a felony.
Not in most cases.
Georgia law says that no conviction for statutory rape shall be had on the unsupported testimony of the victim. That means:
There must be some form of corroborating evidence—a text, a witness, a message, or something else that supports the claim.
However, “corroboration” doesn’t require much. A social media message or a vague statement from a third party can be enough. So while you technically can’t be convicted on their word alone, your defense still needs to be aggressive in challenging the credibility and the evidence.
We get it. A lot of statutory rape charges arise from teenage relationships, especially when parents disapprove or emotions run high after a breakup.
But even if the relationship seemed mutual—even if it had been going on for a while—the law doesn’t make exceptions unless you fall squarely under the Romeo and Juliet provision.
That’s why early legal intervention is so important. We may be able to show that the age difference qualifies for a misdemeanor—or push to keep the case out of court entirely.
Even one felony conviction for statutory rape can:
If you’re labeled a “sexually dangerous predator,” you may also be subject to electronic monitoring for life.
That’s why this isn’t something to handle quietly or hope goes away. The system is not designed to go easy on people charged with sex crimes involving minors.
We’ve represented people across Georgia charged with statutory rape—and we understand how complicated these cases can be.
We look at:
And most importantly: we act fast.
Before the State can control the narrative, before an arrest warrant is issued, before your reputation is ruined—we step in, assess the risk, and fight back.
Even if they say they “just want to ask a few questions.” Your words can and will be used against you. Politely say:
“I’m invoking my right to remain silent. I want an attorney.”
Then call us.
Trying to talk things out or clear the air could result in additional charges—including intimidation or obstruction.
No cryptic Facebook posts. No “venting” on social media. Prosecutors use this content to build their case—and judges don’t take kindly to it.
The sooner we’re involved, the more options we have to reduce the charge, challenge the evidence, or avoid prison altogether.
If you’re facing a statutory rape charge in Georgia, your entire life could change in an instant.
Don’t try to fix it yourself. Don’t assume the truth will protect you. And don’t wait for an arrest to take it seriously.
Call J. Ryan Brown Law today for a confidential, judgment-free consultation.
We’ll tell you exactly where you stand—and what it’s going to take to protect your freedom and your future.
J. Ryan Brown Law, LLC
J. Ryan Brown Law, LLC
