Her history will not prevent them from getting charged with statutory rape.
James L. Yeargan, Jr. is licensed to practice law in the State of Georgia. All information given is based only on Georgia law, and is not directly applicable to any other jurisdictions, states, or districts. Any answer given assumes the person who asked the question holds a Georgia Drivers License, and this license is not a commercial drivers license (CDL). This response, or any response, is not legal advice. This response, or any response, does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information. Any state specific concerns should be directed to an attorney who is licensed to practice law in that respective state.
The age difference between 20 and 21 for the offender is significant regarding punishment for the offense of statutory rape. In either event it is a felony that will involve prison time and being on the sex offender registry. The 20/21 year old need to consult with a lawyer immediately.
Her prior sexual history is not relevant, per the Rape Shield Statute.
As for the range of punishments, they are facing a minimum sentence of ten years to a maximum of twenty years because they were over the age of 20, at the time of the offense. In addition, they will have to register as a sex offender, if they are found guilty or if they plea guilty to this offense.
The 20 or 21 year old needs to contact an attorney immediately, and stop messing around with high school girls.
I am not your attorney nor is there an attorney-client relationship, even though I have answered your question here on Avvo.com.
The child's sexual history with others will not be a factor at all. With a few exceptions, the Rape-Shield law will prohibit any evidence being introduced or considered that relates to the child's sexual history. Moreover, if the defendant is 21 years of age or older, statutory rape carries a minimum 10 year sentence. The maximum sentence is 20 years.
Promiscuity is not a defense to a statutory rape charge. The outcome will be a child raising a child that she cannot afford; a newborn significantly more likely to become a teen mother; and a young man scarred for life with a felony conviction and 18 years of child support payments.
Don't gamble your freedom on a public defender. "Public defender offices and other indigent defense providers are underfunded and understaffed. Too often, when legal representation is available to the poor, it’s rendered less effective by insufficient resources, overwhelming caseloads and inadequate oversight." - United States Attorney General Eric Holder, 2013