When it comes to sexual activity in the state of Georgia, the law has established the age of consent at 16. This means that an adult who has sexual contact with someone who is under 16 years old could then be charged with statutory rape.
Notably, consent to that sexual activity does not change this charge. If the person is underage, even if they were fully willing to participate in the activity at the time, they do not have the legal standing to give consent under Georgia law. That is why it can still result in serious sex crime charges that could create a criminal record.
Lying cannot be used as a defense
One important thing to note is that the law is not written to say that an adult’s belief about someone else’s age makes a difference in these charges. All that matters is their actual age at the time of the alleged sexual activity.
For instance, say that you met someone on a dating app and they told you that they were 18. The two of you met up and then went your separate ways. Later, you found out that they were only 15 years old. Just because they lied to you about being 18 does not mean you can avoid charges for statutory rape. You could still be charged, and claiming that they lied cannot be used as a defense. Rather, adults are obligated to confirm that the people they engage in sexual contact with are actually old enough for that conduct to be legal.
This can certainly lead to some situations in which someone honestly does not believe they are breaking the law and only finds out after the fact that they have done so. These can be very complex cases, and the ramifications of a conviction are severe, so it is critical that these individuals understand all of their legal defense options.