Statutory rape in Georgia involves sexual intercourse with someone under sixteen who is not the defendant’s spouse, and consent is not a defense because a person under sixteen cannot legally consent. The offense is defined in O.C.G.A. Section 16-6-3, and a conviction cannot rest on the victim’s unsupported testimony alone, so some corroborating evidence is required.
Penalties depend heavily on the ages involved. The general punishment is one to twenty years in prison, but a defendant who is twenty-one or older faces ten to twenty years. A narrow close in age provision, sometimes called the Romeo and Juliet exception, reduces the offense to a misdemeanor when the victim is fourteen or fifteen, the defendant is eighteen or younger, and the defendant is no more than four years older than the victim.
Georgia treats the age element strictly. A defendant’s honest belief that the other person was sixteen or older is not a defense, which makes the offense one of strict liability as to age. The law applies the same way regardless of the genders of the people involved. The corroboration requirement means the prosecution must point to something beyond the accuser’s words, such as messages, physical evidence, or the defendant’s own statements, before a conviction can stand.
The consequences extend well past any prison term. A conviction generally requires registration as a sex offender, and that obligation can last for years or for life depending on the offense. A young adult who assumed a relationship was lawful because the other person agreed to it can face a felony and lifelong registration, since under this statute agreement by someone under sixteen carries no legal weight.