Statutory Rape and Mistake of Age

[lady_heather883]

i have a friend from long county georgia who was seeing a girl that said she was 18 and she looked it so he saw no need to question her age. he had no idea she was 13 until the police came to his door and took him in for statutory rape. he spent 30 days in jail already and now has a court date on the 26. her mom had no problem with his age (he was 18 at the time) until he ended the relationship at which time she pressed charges. the girl would call his phone no less than 30 times a day harrassing him. what kind of punishment is he looking at and what if anything can we do in court, also what kind of evidence should he provide showing she was harrassing him after he spent his time in jail.

[panther10758]

The harassment will not change his crime. He is likely facing a lifetime registration as sex offender

[panther10758]

Georgia

§ 16-6-3
Statutory rape to have sexual intercourse with someone under age 16.
One to 20 years in prison, but (1) 10 to 20 years if the offender is age 21 or older and (2) up to one year in prison if the victim is age 14 or 15 and the offender is no more than three years older.

[aaron]

The full statute,

(a) A person commits the offense of statutory rape when he or she engages in sexual intercourse with any person under the age of 16 years and not his or her spouse, provided that no conviction shall be had for this offense on the unsupported testimony of the victim.

(b) Except as provided in subsection (c) of this Code section, a person convicted of the offense of statutory rape shall be punished by imprisonment for not less than one nor more than 20 years; provided, however, that if the person so convicted is 21 years of age or older, such person shall be punished by imprisonment for not less than ten nor more than 20 years. Any person convicted under this subsection of the offense of statutory rape shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2.

(c) If the victim is at least 14 but less than 16 years of age and the person convicted of statutory rape is 18 years of age or younger and is no more than four years older than the victim, such person shall be guilty of a misdemeanor.

[nite_riderusa]

It should have taken him about three seconds of conversation with her for him to realize she was not 18. Maybe diminished capacity should be his defense.