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Statutory Rape

Atlanta’s Best Statutory Rape Defense Lawyers

If you have been charged with statutory rape or sexual assault in Georgia, these types of charges are always serious, and you need the help of an experienced defense attorney to ensure that your rights are protected.

Rape cases can be extremely dangerous; they usually hinge on the testimony of the alleged victim.. With the possibility of a significant prison sentence and lifetime registration as a sex offender, the stakes are very high.

For the past 70 years, Garland, Samuel & Loeb has maintained a sterling reputation for positive results, ethical representation, and discretion in defense of those accused of sex crimes in the southeastern United States and beyond. To get our help, use our contact form to tell us about your charges, and to begin scheduling your free consultation.

You may want to know more about your charges before you meet with our law firm. While the information below is not legal advice, it can provide you with some helpful facts about statutory rape charges in Georgia and how rape defense attorneys work to protect your rights.

What Should I Do First When Charged with Rape?

It is wise to speak to an attorney as soon as you know you are being investigated or as soon as you are charged. A lawyer can explain your rights and how to exercise them.

You should avoid speaking with law enforcement officers until you have spoken to your criminal defense attorney. Police and prosecutors are not on your side, and they are motivated to charge and convict. When they tell you that anything you say can and will be used against you in a court of law, they mean it.

Your criminal defense lawyer will provide more specific advice as you navigate the legal system. It may be possible to have your criminal charges dismissed or negotiate reduced charges for a plea bargain.

If your case goes to trial, it is possible to fight back against charges successfully. Your lawyers may consider many different defense strategies.

Legal Defenses Against Statutory Rape

The Georgia Law that governs this charge is Ga. Code Ann. § 16-6-3. Normally, to be charged under this statutory rape law, the following conditions have to be true:

  • The sexual intercourse occurred

  • One of the people involved was under 16 years of age

  • The two people who had intercourse were not married at the time

The severity of statutory rape charges can increase depending on the age difference between the defendant and the alleged victim. You may be facing a mandatory minimum 10 year sentence and a statutory maximum of 20 years, depending on the age difference involved.

Whenever you are accused of a serious crime, you need a professional handling your defense from the beginning. At no time is this more important than if you are accused of a sex crime such as rape. By talking to investigators without representation, you could unknowingly give the state the information it needs to arrest and prosecute you.

Our lawyers have a wealth of experience defending both high-profile and ordinary cases. Our lawyers will meticulously investigate all of the circumstances around the case. We have extensive experience analyzing police interviews of the alleged victims for improper interview techniques and influence, as well as conducting detailed background investigations into the alleged victim.

Our lawyers will not rely on the evidence provided by the state; they will conduct their own investigations to find evidence that helps to exonerate our clients.

Valuing Your Privacy With Rape Allegations

Our lawyers respect our client’s need for privacy, strictly adhering to attorney-client privilege and minimizing publicity as much as possible. Contact us today to learn more about how we take special steps to protect the privacy of clients accused of Atlanta sex crimes.

Contact Our Team of Statutory Rape Attorneys

As one of Atlanta’s leading rape charge firms, we have years of experience responding to these and other sex offense charges. Our law office has handled Romeo & Juliet cases and cases with added charges like battery. Contact us today to find out if we can help you.

You shouldn’t wait to get help when facing charges like these in the State of Georgia. You don’t want to spend decades in prison or your life on the sex offender registry just because you thought your innocence was apparent. Get started now using our Statutory Rape Contact Form.


FAQs About Statutory Rape Charges

Yes, Georgia has a "Romeo and Juliet" law. It applies if these 2 factors are met: 1. The alleged victim is between 14-16 years old. 2. The alleged offender is either 18 or no more than 4 years older than the alleged victim. In this limited exception, the offender could face a misdemeanor charge rather than a felony charge.

The general aim of the statute is to protect minors from adult conduct, regardless of whether the adult knew they were engaged with a minor. While it is not a legal defense, the facts and circumstances involved in your case are important and should be discussed with your attorney. This information may provide vital mitigation evidence and could result in a better resolution of your case.

Generally, any person can report suspected statutory rape, and, in some circumstances, certain classes of people have a duty to report suspected conduct (teachers, therapists). However, it is the state or federal prosecutor who will file formal charges against a suspected defendant.

It depends on how the offense is charged. For an offense of statutory rape committed between July 1, 1992 to June 30, 2012, the statute of limitations is 7 years and the 7 years does not begin until the victim turns 16. After July 1, 2012, if the victim is under 16, there is no statute of limitations.

Georgia does not have an “aggravated” statutory rape law.

In Georgia, statutory rape is a felony and involves sexual intercourse with a person under the age 16. (There are limited exceptions, such as marriage or a “Romeo and Juliet” exception.)

Yes. Although there may be mitigating evidence that is important for your lawyer to know and that may result in a more successful resolution of your case.

A statutory rape conviction will result in 5 to 20 years imprisonment, plus fines, and requires registration on the Sex Offender Registry.

This answer varies greatly depending on the case and the jurisdiction. Some cases move quickly—particularly where a defendant has asserted their right to a speedy trial—while other cases can take years.

This is a registry that you will have to register up for if you are convicted of a sex crime in the state of Georgia. You will have to report your movements to the state for as long as you live there, and you will be banned from living or visiting many typical spaces in your community.

Depending on the content of the messages, yes, sexting with a minor may be both a state and a federal crime. Georgia has preexisting laws at the state and federal levels against such conduct such as sexual exploitation of a minor and child pornography.

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How Can We Help You?

When you hire the law firm of Garland, Samuel & Loeb, you can rely on us to do everything in our power to reach the best possible outcome in your case. Whether you have suffered a serious injury in an accident or are facing criminal charges, our attorneys will fight to see that your rights are protected from the start. 

Trusted for our Experience. Known for our Success

When you hire the law firm of Garland, Samuel & Loeb, you can rely on us to do everything in our power to reach the best possible outcome in your case. Whether you have suffered a serious injury in an accident or are facing criminal charges, our attorneys will fight to see that your rights are protected from the start.  

There are several ways to contact us.

  • Chat: Click on the Chat shown on the bottom right of your screen;
  • Form: Fill out the appropriate contact form linked below;
  • Phone: Call us at (404) 262-2225. 

Whichever method you choose, a team member will be in touch with you soon. 

Garland Law Building | 3151 Maple Drive, N.E. Atlanta, GA 30305 | (404) 262-2225 (Phone) | (404) 365-5041 (Fax)