What is the Legal Age of Consent?
In Georgia, if a person has sexual intercourse or sodomy with another person and that, in the opinion of a jury, the individual is 16 years of age or older, then, with a few limited exceptions, then the complaining witness does not have a legal right to complain. In other words, if the complaining witness is 16 years of age or older and has sex, then that individual likely does not have a legal claim against the individual that engaged in sexual acts with him or her.
If the complaining witness is under the age of 16, there is a blanket, absolute exception to this rule (again, if the exception applies, then the complaining witness has a legal right to complain). Specifically, it is illegal for a person to engage in sexual intercourse (or sodomy) (that is: anal or oral sex) with someone under the age of 16. This rule applies even if the person is under the age of 16 yet 14 years or older. So , even if the complaining witness is 14 years old, if the sexual intercourse or sodomy occurred, then the person that engaged in the sex acts is likely going to be held accountable criminally (and potentially civilly too).
Finally, where the person engaging in sex acts with a minor is not simply engaging in sexual acts (but is instead acting in a manner that is detrimental to the minor (e.g. giving drugs to the minor and then having sex)), a further exception applies too. In short, when the sex acts, and any related activities that facilitated the sex acts, are carried out in a manner that was intended to have a physical and psychological damaging effect on the complaining witness (i.e. where the acts were premeditated and intentional, had a foreseeable human cost, and occurred for the benefit of the perpetrator), then the perpetrator will likely be held criminally and civil liable.
Exceptions to Age of Consent
Georgia statutes covering the sexual exploitation of children, among many other laws, detail what would legally be considered statutory rape. For example, The Official Code of Georgia Annotated section 16-6-3 states that "[a] person commits the offense of statutory rape when that person has sexual intercourse with any person under the age of [16] and that person is not the spouse of the other person." Technically speaking, rape is a simple sexual act between an adult and a minor, under Georgia law. And a rapist can typically face anywhere from one to 20 years in prison for such an act.
In some states, the idea of close-in-age exemptions would apply. A close-in-age exception means that different age specifications would apply if a teen engaged in sex with a 20-year-old as opposed to a 50-year-old. There would not be a different age for each year of life, but rather a few different ages that are acceptable. That’s not the case in Georgia, however.
The close-in-age exemptions are outlined in O.C.G.A. 16-6-3(c): "It shall be no defense that the accused believed the [minor] to be of lawful age when the accused did not have a reasonable belief that the [minor] was of lawful age at the time of the alleged act."
Therefore, even if a teen engaging in sex with a 19-year-old does not feel that it’s a crime, the law will tell that teen otherwise.
Certain other exceptions to the age of consent exist. In cases where relationships exist between an adult and a minor, such as relationships where individuals are in school together, more legal leniency may exist. Those rules are not expressly laid out in statute, but often each state will have a range in which consensual sex between a teen and an adult less than two years older or younger can occur without statutory rape charges being applied.
The bottom line is that people over the age of 18 (which is when people are considered adults under Georgia law) cannot date those under the age of 16.
Penalties for Having Sex Outside of the Age of Consent
Violating Georgia’s consent laws could result in criminal charges, including a felony charge of sexual assault. If convicted of sexual assault, you could face five to 30 years in prison, and if convicted under an acquaintance statute, you could face five to 25 years in prison.
In addition to any prison time you may face, you will be required to register as a sex offender. Being added to the Georgia sex offender registry can limit your freedom for years and sometimes for the rest of your life. You are required to register as a sex offender for at least 10 years, depending on the crime and whether you were a repeat offender. When you fail to register as a sex offender and/or you fail to update your registration after moving, you could face serious consequences, adding even more penalties to your case.
It’s critical to know the law — but it’s not enough to only understand the law. You must consider the intent of the law when making a judgment on sexual misconduct charges, and that means seeking help from an experienced Atlanta sex crime attorney as soon as possible.
The Age of Consent Varies by State
Georgia’s legal age of consent is 16, which is consistent with the ages of consent in at least 19 other states within the U.S. California, Arkansas, Hawaii, Michigan, North Carolina and Texas also have an age of consent of 16. Conversely, others have a substantially higher age of consent. In Delaware, it is 18, with Alaska, Louisiana, Missouri, Montana, New Jersey and South Carolina also sitting at the same level.
In Alabama, South Dakota, and North Dakota, the age of consent hovers at 18 years old. The other states whose age of consent is higher than in Georgia include: Indiana (18), Iowa (18), Kansas (18), Maine (18), Massachusetts (18), Minnesota (18), Nebraska (19), Ohio (18), Oklahoma (16), Rhode Island (16), South Carolina (16), Vermont (16), Virginia (18), West Virginia (16) and Wisconsin (18).
Age of Consent Can Affect Your Case
The age of consent plays a crucial role in both criminal and civil court cases in Georgia. If those involved are at least 16 years old, they are generally able to enter into sexual relationships without any interference from the law. However, if one party is under the age of 16, that person is considered incapable of giving consent. This means that any sexual relations or sexual activities would be in violation of both civil and criminal law.
In terms of criminal court cases, the age of consent can affect proceedings for both the alleged victim and the potential offender. In cases where someone is accused of statutory rape or other sex crimes involving minors, he or she can use several defenses related to the age of consent. There are some allowances under the law for those who are close to the legal age of consent. For example, some jurisdictions have enacted "Romeo and Juliet laws" that can prevent people convicted of engaging in sexual activities with minors from facing the harshest penalties under the law. The law in Georgia does not account for the "Romeo and Juliet" law, so these limitations don’t apply in the state.
Defendants accused of having sex with minors do have some defenses available if they can prove that they are under the impression that the underage individual was of the age of consent. If the defendant can prove that he or she acted in good faith with a reasonable belief about the other party’s age , he or she may be able to avoid conviction. The burden of proof lies with the prosecution to prove that the accused knew or reasonably should’ve known the victim’s age.
The age of consent also impacts civil court cases surrounding sexual relationships. People who are 16 years old or older can agree to participate in sexual activity and decide who they want to engage in such an activity with. However, the same cannot be said for those under the age of 16. Additionally, parents have the right to sue for legal and medical expenses incurred as a result of statutory rape or other abuse of their children by a third party under the age of 18.
Since those under the age of 16 are not given the right to consent to sexual activity, their ability to give consent for other activities is similarly limited. Because of this, while those over the age of 16 may be able to engage in sexual relationships, they still require parental consent to partake in certain legal matters. Accordingly, these individuals have fewer rights than other adults. For example:
Moreover, victims of statutory rape or other sex crimes committed when they were under the age of consent do not have to worry about being criminally charged for any type of sexual activity. Even if these individuals themselves face prosecution for having sexual relations with a partner who was still under the age of consent at the time, they can use their own lack of capacity to consent as a defense against being charged with statutory rape or other sexual offenses.
Case Law and Explanations
Georgia has seen a number of cases go to the higher appellate courts based upon the unique issues surrounding the age of consent. The following are some of the cases which have helped to shape our understanding:
Thompson v. State (1981) held that Georgia law would not allow conviction for consensual sexual encounter between those who are too close in age to be considered exploitative but too far apart to fall within the exception for "transitory exposure."
Parker v. State (1990) stated that the statutory phrase "under 16 years of age" meant that the offense would not be committed if the victim was exactly 16 years old at the time of the offense. The age of consent has been 16 years since the passage of the Family Violence Reform Act in 1990.
Harris v. State (2002) upheld conviction involving victim who was born on his 14th birthday and whose abuse began less than a month later and continued until she was 16.
Harris v. State (2005), the high court held that the eight-year-old statute of limitation for prosecution for child abuse does not apply when the victim is under 16 when the conduct occurs.
Davis v. State (2006) held that even though the legislature has amended the age of consent in GA, the law in effect at the time of the alleged offense controls for prosecution purposes.
Parker v. State (2020) reiterated the special requirement for the use of a computer to entice a minor to engage in sexual activity, namely, that the perpetrator must have the intent to meet with the minor for the purpose of performing sexual acts.
History of Age of Consent Laws. The Georgia age of consent has been 9 for much of its history; it increased to 10 in 1880, then 12 in 1918. The minimum age of consent increased from 12 to 14 in 1968, then to 16 in 1990.
Tips for Teenagers and Parents
As a teenager, it is important to have a comprehensive understanding of the legal age of consent in Georgia. This knowledge can help you make informed choices about your relationships and protect yourself from potential legal issues. If you are contemplating sexual activity, it is essential to familiarize yourself with Georgia’s laws to ensure that you are complying with state requirements.
When considering a sexual relationship, make sure that you and your partner are of legal age. In Georgia, the legal age of consent is 16. This means that individuals who are 16 years of age or older can legally consent to sexual activity with each other. If one or both parties are under the age of 16, any sexual activity between them may be considered a criminal offense. This includes not only penetrative sex but also other sexual acts that may be legally defined as sexual conduct.
If you are a parent, it is vital to educate your teenager about the legal age of consent in Georgia. Talk to them about the importance of understanding the law and the potential consequences of engaging in sexual activity at a young age. Ensure that they understand that sexual relationships come with emotional , physical, and legal risks and that they should take their time in exploring these relationships.
For both teenagers and parents, it is important to stress the significance of maintaining open lines of communication. This will help ensure that all parties understand the law and its implications and will allow teenagers to ask questions or seek clarification if they need more information before entering into a sexual relationship.
While the law is important, it is also necessary to consider the emotional and psychological readiness of a teenager for sexual activity. Make sure that your teenager understands the significance of sexual consent and how it relates to their relationships. Discuss the concept of consent with your teenager, emphasizing that it cannot be given under duress, force, or coercion. Consent must be enthusiastic, ongoing, and voluntary.
It is essential to acknowledge that navigating the legal age of consent laws in Georgia can be complex. If there are concerns that a sexual relationship may violate state law, consider seeking legal advice or guidance.