Legal Question in Criminal Law in Georgia

Re: Statutory Rape

The Georgia statutory rape law provides that it is illegal to engage in sexual intercourse with any person under the age of 16 that is not your spouse. If the victim is 14 or 15 and the person so convicted is no more than three years older than the victim, the person so convicted shall be guilty of a misdemeanor.

In the event that you are charged and arrested for statutory rape you are entitled to request that you be released on bond. This would allow you to remain free while awaiting a trial date. The foregoing is general information only, not specific legal advice. No attorney client relationship has been created or implied.

Re: Statutory Rape

You are correct. It could only be charged as a misdemeanor if you are less than 3 years older than her. You also cannot be convicted on her unsupported testimony. Unless her parents or somebody else are actual witnesses to the contact, it would be very difficult to convict you. Her own statements would not be good enough.

At this point, you need to keep your head down, stay away from her, and don't talk to anybody but a lawyer about it, not even your parents. Certainly, don't admit it to anybody but a lawyer.

If you are truly the father of this child, your biggest worry may well be the legal obligation to pay child support. Since she is already 4 months pregnant, it is unlikely she will have an abortion. So, you may eventually be served with a paternity suit demanding that you pay child support. You should insist on DNA testing if that happens. But, if you are the father, you will likely find yourself with some kind of child support obligation.

Her parents may calm down. Putting the father in jail instead of collecting child support will usually not be the smartest thing they can do.

If you are either formally charged or sued, you should immediately seek counsel to represent you.

If you would like to discuss this further, you can e-mail me at [email protected].