Georgia Rape Defense Attorney - Frequently Asked Questions
What are some defenses against a statutory rape charge? What if I didn't know the age of the victim?
Many people charged with statutory rape say they were unaware of the age of the alleged victim. This could be because the minor lied about his or her age or looked older than he or she was. However, statutory rape is considered a strict liability crime. This means that it doesn't matter if the perpetrator knew the age of the victim – the mere fact that sexual contact occurred means a crime has been committed. Nevertheless, if it can be shown that the accused reasonably believed the minor was over the age of consent, this factor may be used to mitigate any possible punishment.
Due to strict liability, the most common defenses – “she looked older than she was” or “he lied about his age” – are not adequate to show innocence. It also does not matter if the minor “consented” to sex because children under the age of 16 years cannot legally consent to sexual activity. Thus, the best defense is to show that sexual contact never took place. In addition, if the accused is close in age to the alleged victim, Romeo and Juliet laws may apply and the charge can be reduced to a misdemeanor.
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To speak with an experienced Georgia Rape Defense Attorney, just complete the form to the right or call The Berry Law Group right now at (404) 816-4440.