Ages of Consent in North America - United States - State Laws - Georgia

Georgia

The age of consent in Georgia is 16 and there is no close-in-age exception, though the offenses are a misdemeanor rather than a felony in cases where the perpetrator is less than 19 years of age and is no more than 4 years older than the victim.

The crime of "statutory rape" makes it illegal for a perpetrator of any age to have sexual intercourse with someone under the age of 16 that they are not married to. This law specifies that a defendant cannot be convicted on the testimony of the victim alone; some other evidence must be present. This offense carries a minimum sentence of 1 year in prison, and a maximum of 20 years. If the offender is 21 years of age or older, the minimum is raised to 10 years in prison, and the offender is subject to sex offender sentencing guidelines. However, if the victim is 14 or 15 years old and the actor is age 18 or younger and within 4 years of the victim's age, the crime is reduced to a misdemeanor with a maximum sentence of 1 year in prison.

The crime "child molestation" makes it illegal for anyone to engage in "any immoral or indecent act to or in the presence of or with any child under the age of 16 years with the intent to arouse or satisfy the sexual desires of either the child or the person," as well as electronically transmit any depiction of such an act. It carries a minimum sentence of 5 years and a max of 20 years in prison for a first-time offender, as well as mandatory counseling and sex offender sentencing guidelines. For repeat offenders, the minimum 10 years and the maximum is life imprisonment. 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). This crime carries a sentence of 25 years to life, and lifetime probation thereafter. 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 2006 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 17 year old boy was sentenced to 10 years in prison for having consensual oral sex with a 15 year old girl.

In June 2005, a bill was proposed before the General Assembly of Georgia (USA) to raise the age of consent from 16 to 18. It is still being analyzed by local politicians.