Georgia law sets the age of consent at 16 years old. This means that individuals aged 16 or older are legally considered capable of consenting to sexual activity. It’s important to understand that this threshold is unwavering, if a person involved in sexual activity is under the age of 16, they are not legally able to give consent, regardless of their statements or actions.

If you've been accused of statutory rape or a related sex crime in Georgia, this guide will help you understand the legal framework while highlighting the importance of securing experienced legal representation. With your future at stake, it’s essential to know the laws and your rights. Our criminal defense attorneys at The Abt Law Firm are well-versed in defending against serious accusations.

Why Misunderstandings About the Age of Consent Lead to Serious Charges

Every state in the U.S. has its own age of consent laws, creating varied and sometimes confusing legal standards. While one state may have an age of consent as low as 16, another may increase it to 18. This inconsistency can lead to misunderstandings that result in criminal charges.

Even in Georgia, where the age of consent is 16, misconceptions can arise. The law does not account for personal beliefs or assumptions about someone’s age. For instance, even if a minor lies about being 16 or older, this does not absolve an adult partner of legal liability. A consensual mistake in age understanding can escalate into a statutory rape charge, which is classified as a felony in Georgia.

The Serious Consequences of Statutory Rape Accusations

Statutory rape occurs when an individual engages in sexual intercourse with someone under the legal age of consent, which is 16 in Georgia. This charge is one of the most serious sex-related crimes and carries life-altering consequences. A conviction can result in:

• Felony status on your record
• Prison sentences of up to 20 years
• Lifetime registration as a sex offender
• Stigma impacting your personal and professional life

For individuals convicted, these penalties extend far beyond legal punishments, affecting their ability to secure employment, housing, and social standing. These rape accusations must be addressed with urgency and precision.

What If a Minor Lies About Their Age?

One of the most misunderstood elements of statutory rape cases involves minors misrepresenting their age. Georgia law is unequivocal on this point—ignorance of a minor’s real age is not an acceptable legal defense. Even if a minor knowingly lies and claims to be 16 when they are not, the adult involved can still face conviction.

This reinforces the critical importance of exercising caution in any personal interaction and refusing advances from anyone if there’s any doubt about their age. However, if an accusation arises, your focus must immediately shift to protecting your rights.

Why You Need Legal Representation From The Abt Law Firm

If you've been accused of statutory rape or another sex crime, the repercussions can feel overwhelming. This is not the time to face legal battles on your own. You need an experienced defender who understands how to fight for your future. The Abt Law Firm has extensive experience in criminal defense for sex crimes in Georgia and is equipped to handle the most challenging cases.

Our approach is firm, thorough, and tailored to each client. With over 29 years of defending high-stakes cases, our team has developed strategies to expose inconsistencies, protect your rights, and seek the best possible outcomes. When you're accused of a serious crime like statutory rape, your future is on the line, and we have the fervor to stand by you every step of the way.

How The Abt Law Firm Can Help

We understand that every case is unique, and we treat it that way. Our team will:

• Investigate the details of your case and question all evidence against you
• Challenge accusations based on insufficient proof or intent
• Advocate for reduced charges or case dismissal wherever possible
• Guide you through every aspect of your legal process with respect and transparency

Your story deserves to be heard, and your rights protected. The Abt Law Firm is here to ensure you have the strongest defense possible.

Take Action Today—Schedule Your Free Case Evaluation

If you or someone you care about is facing accusations of statutory rape, it’s crucial to act quickly. The earlier we can get involved, the more opportunities we have to build a solid defense. Don’t wait for the consequences to take hold—protect your future today.
Schedule a free case consultation with The Abt Law Firm and see how our award-winning legal team can help defend your rights. When your freedom, reputation, and future are at stake, trust us to fight for the best possible outcome. Contact us today to get started.

When we think about a love story, many of us first think of the story of Romeo and Juliet. This Shakespearean tale has stuck with many for decades. In this story, love is the focus, and it supersedes all the other values the couple has, including loyalty and emotion. This love was so strong that it was held together through everything else. All the signs pointing towards them not being together weren’t enough to keep these lovers from making it work.

Contact a Georgia Criminal Defense Lawyer!

Whether it’s the person they’re with, the age difference, or even ethnicity, people across the globe are finding themselves in relationships that are “just wrong.” You’ve heard it many times, “love has no boundaries.” In some cases, yes, but what happens when the reason your relationship is “wrong” is that you’re dating and having intercourse with someone underage? What if both parties are underage?

Rape In Atlanta

Rape under Georgia law is broken down into two categories: rape and statutory rape.

• Rape: Defined as a man having “carnal knowledge” of a “female forcibly and against her will.” This can better be described as “penetration of the female organ by the male sex organ.”
• Statutory Rape: Defined as anyone who has sexual intercourse with a person under the age of 16, which typically results in a felony. Something important to note about statutory rape is that consent isn’t a viable defense. Why? Because by the eyes of Georgia law, a person under the age of 16 isn’t at an age to legally consent to sexual intercourse.

This means that the Romeo and Juliet laws may be the only thing able to save you from being charged with a Statutory rape felony in the state of Georgia.

What Are Romeo and Juliet Laws?

Under Georgia statutory rape laws, young lovers can still be prosecuted. Under "Romeo and Juliet" laws, if the defendant is 18 years old and the victim is between 14 and 16, the accused will likely face misdemeanor charges.

While defendants charged with statutory rape have the typical defenses that are available to all defendants, such as “I wasn’t the person who committed this crime” or “This conduct never took place.” They also, under Georgia law, have other defenses available. The most crucial defense relating to statutory rape is the “Romeo and Juliet” law.

Romeo and Juliet Law in Georgia

These exceptions were put into place to prevent serious criminal charges against teens who engage in consensual sex with individuals close in age. Georgia law recognizes that young lovers exist and that they shouldn’t be punished to the fullest extent of the law for doing so.

Romeo and Juliet exemption: A Romeo and Juliet exemption can be applied for consensual sexual intercourse between a victim between the age of 14-16 and an individual who is 18 or younger and no more than four years older than the victim.

How a Qualified Atlanta Defense Attorney Can Help

While these exemptions exist, they are not always guaranteed. Hiring a qualified Atlanta criminal defense attorney can help you seek the best possible outcome for your teen.

The ABT Law Firm has countless years of experience dealing with and winning cases similar to these. We know how love works and feel that everyone deserves the right to the best legal representation available.

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If your teen has been charged with statutory rape, contact us at (770) 977-6105 today to schedule your free case evaluation.

At this point, many people have no doubt taken sexy photos of themselves and shared them since technology has made it possible to send and receive picture messages. While adults are able to send sexually explicit images to their significant other without any legal ramifications, the same cannot be said for teens who do that. Unless they are 17 years old, teens are still considered children, which can result in a serious charge of child pornography, a felony.

Georgia lawmakers have adopted stringent laws relating to teens and sexting. While these penalties are generally less strict than those for child pornographers, they are still serious. Some teens, depending on certain factors, can also still receive a charge of child pornography in this situation. In 2013, the state created laws relevant to this topic. It’s important to know what can happen if your teen is found with sexually explicit images on his or her smartphone.

Sexual Exploitation of Children

In the state of Georgia, a teen can be found guilty of a misdemeanor if they take or possess a nude or sexually explicit image of themselves if the following is true:

• They are at least 14 years old

• The person in the photo is younger than 17

• The person in the photo consented to it being taken and distributed

If these factors are missing, the sexting would be charged as a felony.

Sending Sexually Explicit Material to Other Minors

If a teen has sexually explicit material on their smartphone and send it to other minors, it is considered a misdemeanor if the following factors are in place:

• The teen receiving the material is 14 or older

• The person receiving the material consenting to it

• The teen sending the material is younger than 18

If these factors are missing, then the teen can receive a charge of a misdemeanor of a high and aggravated nature.

Penalties for Sexting in Georgia

The penalties a teen who is convicted of sexting in the state of Georgia receives depends on a few factors. In general, aspects such as the crime itself and whether the teen has a prior criminal history will play a part in determining the penalties. Overall, however, teens receive less strict penalties and may receive probation, community service, fines and being placed in juvenile detention.

Sexting and Federal Law

It’s important to know that sexting can also be charged as a federal crime under the law. Whether it is a federal crime depends on the specific circumstances. The Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003, also known simply as PROTECT, makes it illegal to produce, distribute, possess or receive sexually explicit material of a minor. It is also a crime to make a minor partake in such material. As a result, parents who permit such behavior can be prosecuted.

As per federal law, teens who are found sexting are generally not prosecuted. They are prosecuted by the state and not federal courts.

If your teen has been charged with sexting, especially if it is a potential felony charge, you should retain a skilled Atlanta criminal defense attorney. Contact the ABT Law Firm immediately to discuss your case. The ABT Law Firm will be able to assist you with an attorney who will begin building a strong defense for your teen's case.

Call (770) 977-6105 today to schedule your free evaluation.