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Category: Family Law
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Can my child be charged with statutory rape he is 15.

Resolved Question:

The girl''s father is threatning to press charges against my son because he says that the sex act was noncensual.
However,there were other people present who say different. The girl is 14.
Submitted: 9 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 9 years ago.
What state are you asking for information please?
Customer: replied 9 years ago.
Expert:  Attorney & Mediator replied 9 years ago.
Thank youCustomerfor your reply to my question.

The age of consent in Georgia is 16. Having sex with any person under the age of 16 is considered statutory rape and no consent is required to convict someone for this criminal offense. However the fact that he is 16, will reduce his offense to a misdemeanor degree rather than be elevated to a felony.

(a) A person commits the offense of statutory rape when he or she engages in sexual intercourse with any person under the age of 16 years and not his or her spouse, provided that no conviction shall be had for this offense on the unsupported testimony of the victim.
(b) Except as provided in subsection (c) of this Code section, a person convicted of the offense of statutory rape shall be punished by imprisonment for not less than one nor more than 20 years; provided, however, that if the person so convicted is 21 years of age or older, such person shall be punished by imprisonment for not less than ten nor more than 20 years; Any person convicted under this subsection of the offense of statutory rape shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2. (c) If the victim is at least 14 but less than 16 years of age and the person convicted of statutory rape is 18 years of age or younger and is no more than three years older than the victim, such person shall be guilty of a misdemeanor.

Punishment for a misdemeanor offense is up to 12 months and/or a fine of up to $1,000.00.

Now the statute does state that a conviction could not be sustained if the victim does not provide testimony. So if the girl wants to help your son, she can refuse to testify on his behalf.

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Expert:  Attorney & Mediator replied 9 years ago.
Let me know if you need further help here. Thanks