The term statutory rape is familiar to most of us, but what exactly is it? The term statutory rape refers to any sexual relations involving someone below the age of consent. Legally, someone below the age of consent cannot give his or her consent to having sex or engaging in sexual acts. Therefore, someone who engages in sexual acts with someone below the age of consent has violated the law. In Georgia, the age of consent is 16.
These laws vary from state to state and each state sets its own age of consent. States also punish violators of this law under different laws including sexual assault, rape, unlawful sexual intercourse, and carnal knowledge of a child. There are not many federal laws that address statutory rape. The federal government has let the states make their own rules regarding this topic.
Generally, when we hear the word rape we associate the act with some kind of physical force. Statutory rape does not have to involve any kind of force. Statutory rape is very different from other types of rape and child molestation because the act would generally not be a violation of the law if both participants were above the age of consent. Since someone under the age of consent legally cannot consent, the act becomes a crime whether or not force has been involved. If force was involved in the act, states may choose to prosecute the offender differently. In this case, the offender may face much more severe charges (perhaps child molestation or aggravated rape).
If you have committed statutory rape, you may be facing a variety of different charges. Your charges can range from a misdemeanor to a felony. There are many factors that influence what type of charge you may be facing. These charges include the age of the victim, the age difference between you and the victim, prior sexual offenses, and whether the incident involved alcohol or drugs.
Punishments for statutory rape can also vary widely. Your punishment for statutory rape could include jail time, probation, harsh fines, counseling or other treatment programs, and the requirement to register as a sex offender.
Some states also have what are called “Romeo and Juliet Laws” which refer to sexual relations involving parties who are both below the age of consent or when an offender is very close in age to the person under the age of consent. These laws vary greatly from state to state. In some states these laws can provide the opportunity for a defense against criminal charges and in other states they simply lessen the offense and punishment.
In some states, people in certain professions who have knowledge of statutory rape are required to report it to the police. These professions may include teachers, doctors, and public employees.
