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Statutory rape is a sex crime and all come with certain challenges. When facing allegation of a sex crimes many people will jump to conclusions, ignore your presumption of innocence, and assume the worst. When facing allegation or charges of statutory rape, it is critical that you remember those mean nothing. An allegation is an allegation. A charge is a charge. You are innocent until a prosecutor finds you guilty beyond a reasonable doubt but you should get a Newnan statutory rape defense lawyer to help you through the process.
The name of this crime can be confusing. Rape is a forcible crime and often associated with violence and horrible facts and requires conduct that is against the victim’s will. Statutory rape is different, as it is a crime of age. If you have been arrested or charged with this offense, getting in touch with a dedicated sex crimes attorney can take off some of the strain and provide you with your next steps.
Statutory rape occurs when someone has sex with another person under the age of 16. The most important thing about statutory rape is that consent does not matter. Even if the alleged victim wanted to have sex, or even if it was his or her idea, the law does not care. In Newnan, as a lawyer could further explain, the law says that someone under the age of 16 is no legally capable of consenting to sex, so it is always considered statutory rape.
Importantly, you cannot be convicted of statutory rape if the alleged victim was your spouse at the time of the alleged sex. Additionally, to be convicted of statutory rape, prosecutors must produce more evidence than just the alleged victim’s accusations.
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There are three distinct situations regarding sentencing for statutory rape. We will look at each of those three possibilities below.
The stiffest punishment for statutory rape is when the person convicted is 21 or older. In this situation the range of punishment is 10 to 20 years. In addition, the convicted person would be subject to all the special punishments Newnan imposes on people convicted of statutory rape, especially if they don’t have an attorney fighting for them.
Under Georgia law when a person under age 21 is convicted of statutory rape, then they face a range of punishment of one to 20 years in prison. Additionally, they will be subject to special punishments Georgia imposes on people convicted of sex crimes.
In Georgia, when someone who is 18 or younger is convicted of statutory rape and the victim is 14 or 15 years old, then the defendant is guilty only of misdemeanor statutory rape.
It is important for adolescent Georgians to understand what that means. If a 16-year-old high school student has sex with his or her 15-year-old classmate, then that sixteen 16-year-old can be convicted of misdemeanor statutory rape.
Being convicted of a sex crime will have a tremendous impact on your life. Your rights to vote, bear firearms, choose your job, your school, your house, and your church may all be affected. You will be required to register as a sex offender and be subject to special sex offender probation conditions.
Contact us today. You must fight these charges with a Newnan statutory rape lawyer. Don’t fight alone.
