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Statutory Rape: Felony or Misdemeanor

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  • 01-08-2009, 10:43 PM
    Jmjm
    Statutory Rape: Felony or Misdemeanor
    My question involves criminal law for the state of: Georgia

    My eighteen year old friend had sex with a fifteen year old girl. The law in Georgia states that if they are no more than three years apart, it is a misdemeanor.

    They are thirty-eight months apart in age. Which would make them three years and two months apart in age from each other.

    My question is:

    If the parents press charges against my friend, will it be considered a felony or misdemeanor?
  • 01-09-2009, 04:12 AM
    BOR
    Re: Statutory Rape: Felony or Misdemeanor
    RAPE of ANY degree is always a FELONY.


    The age difference is codified so a lesser crime than rape is chargeable, such as sexual assault.


    They are more than 3 years apart, so it would be a felony, if you quoted the law right fom GA.
  • 01-09-2009, 11:38 AM
    Jmjm
    Re: Statutory Rape: Felony or Misdemeanor
    Alright, I was just wondering that since this is his first offence and he is only two months over the three year mark that they would cut him some slack.
  • 01-09-2009, 12:42 PM
    cyjeff
    Re: Statutory Rape: Felony or Misdemeanor
    They may... they may reduce his sentence to the lower end of the range than the higher range.

    That still means about 5 years in state prison.

    Reidsville is not a happy place.
  • 01-13-2009, 11:22 AM
    Jmjm
    Re: Statutory Rape: Felony or Misdemeanor
    Quote:

    Quoting cyjeff
    View Post
    They may... they may reduce his sentence to the lower end of the range than the higher range.

    That still means about 5 years in state prison.

    Reidsville is not a happy place.

    Alright. Thank you for the information. It is just hard to imagine 2 months in a case like this making such a huge difference in penalties.
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