The Crime of Statutory Rape in Georgia
StatuteEngages 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. O.C.G.A. 16-6-3 (a).
No DefenseNo defense that accused reasonably believed that the victim was of the age of consent. Haywood v. State, 283 Ga. App. 568 (2007). Consent, force, and against her will are irrelevant. Hill v. State, 246 Ga. 402 (1980).
CaselawCorroborating evidence, testimony other than that of her own, must be fairly tending to prove that the crime was committed, and that the defendant committed it. It need not include testimony of an eyewitness of the act itself, or extend to everything said or done, and need not be positive or direct. The strength of the corroborating evidence must be something more than a mere colorable support. Wright v. State, 184 Ga. 62 (1937). Slight circumstances may be sufficient corroboration. Lewis v. State, 278 Ga. App. 160 (2006).
Rape shield statute applies. Barnes v. State, 244 Ga. 302 (1979).
Penalty1 to 20Y. O.C.G.A. 16-6-3(b).
Defendant 21 yrs. old or older, then mandatory 10Y up to 20Y and at least 1Y probation. Id.
If victim at least 14 but less than 16 years of age and the person convicted is 18 years of age or younger and is no more than 4 years older than the victim, then Misdemeanor. Id. at (c).