Asked over 3 years ago - Duluth, GA
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TITLE 16. CRIMES AND OFFENSES
CHAPTER 3. DEFENSES TO CRIMINAL PROSECUTIONS
ARTICLE 1. RESPONSIBILITY
O.C.G.A. § 16-3-5 (2009)
§ 16-3-5. Mistake of fact
A person shall not be found guilty of a crime if the act or omission to act constituting the crime was induced by a misapprehension of fact which, if true, would have justified the act or omission.
HISTORY: Code 1933, § 26-705, enacted by Ga. L. 1968, p. 1249, § 1; Ga. L. 1969, p. 857, § 3.
But I keep reading in other areas that tihs is not a legal defense. Would this defense apply to statutory rape?
Statutory rape is known as a "strict liability" crime. Akin to .say, speeding on the highway, there is no requirement that you "intend" to commit the crime, the act itself is a violation of the law. Your mistaken belief that the person was the age of consent or that the person misrepresented their age is not an affirmative defense.
You really should hire an attorney.
I agree with my colleague's assessments. This is not a defense to statutory rape in NJ either. If you are charged with offense, you need to consult immediately with an experienced criminal defense lawyer licensed in GA. Good luck.
DISCLAIMER: I do not practice law in your State. This answer is provided for informational purposes only. This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising.
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