Laws / Policy

GA Law

OFFENSE

DEFINITION

PUNISHMENT

O.C.G.A
§16-6-1

Rape

Carnal knowledge of a female forcibly and against her will

Felony: 25 years to life.

O.C.G.A.
§16-6-22.1

Sexual Battery

Physical contact with the intimate body parts of another without  consent

Misdemeanor
OR
Felony: 1-5 Years if victim <16

O.C.G.A.
§16-6-22.2

Aggravated Sexual Battery

Sexual battery involving penetration with a foreign object without consent

Felony: 25 years to life.

O.C.G.A.
§16-6-2

Aggravated Sodomy

Sodomy with force and against the will of the other person

Felony: 25 years to life.

Misdemeanor: if victim is 13-15, and the person convicted is 18 years or younger and is not 4 years older than the victim

O.C.G.A.
§16-6-2

Sodomy

Performance of a sexual act involving the sex organs of one person and the mouth or anus of another

Felony: 1-20 years.

O.C.G.A.
§16-6-3

Statutory Rape

Sexual intercourse with a person under 16, not his/her spouse

Felony: 1-20 years in prison. 

Misdemeanor:  if victim is 14-15, the perpetrator is 18 or younger and there is less than 4 years age difference

O.C.G.A.
§16-5-90

Stalking

Following, surveillance, or contact with another to harass and intimidate.

First offense: Misdemeanor

Second offense: Felony; imprisonment minimum 1year maximum 10 years

O.C.G.A.
§16-5-91

Aggravated Stalking

Stalking in violation of court order, bond, injunction or probation

felony; imprisonment minimum 1 year and maximum 10 years and fine maximum $10,000

O.C.G.A.
§16-6-4

Child Molestation

Immoral or indecent act with, or in the presence of any child under 16, with intent to arouse perpetrator or child
OR
Uses an electronic device to send images of a person engaging in an immoral or indecent act to a child under 16 with intent to arouse perpetrator or child

Felony:
5-20 years (1st offense)
10-30 years (2nd offense)

Misdemeanor: if victim is 14-16 and perpetrator is 18 or younger and there is less than 4 years age difference

O.C.G.A.
§16-6-5

Enticing a Child for Indecent Purposes

Entices, solicits or takes a child under 16 to a place for the purpose of child molestation or indecent acts

Felony: 10-30 years. 

Misdemeanor: if victim is 14-16 years and perpetrator is 18 or younger and there is less than 4 years age difference

O.C.G.A.
§16-12-100

Sexual Exploitation of Children

Persuades, entices, coerces or uses any person under 18 to engage in sexually explicit conduct for the production of photos, movies, visual media
OR
Creates, possesses, publishes, sells, distributes, gives or shows any photo, movie or visual medium which depicts a person under 18 (or a part of such person’s body) engaged in sexually explicit conduct

Felony: 5-20 years

 

Case Law Regarding "Force"
 

  • Physical force is not required. Intimidation may substitute for force. Lack of resistance, induced by fear, is force, and may be shown by the victim’s state of mind from her prior experience with the perpetrator and subjective apprehension of danger from him.
    • Williams v. State, 304 Ga. App. 592 (2010)
    • Matlock v. State, 302 Ga. App. 173 (2010)
       
  • The testimony of the victim alone (without evidence of physical injury) is sufficient to establish rape and support of conviction for that offense.
    • Brown v. State, 293 Ga. App.  633 (2008)
       
  • Force element of rape is shown if a defendant's words or acts were sufficient to instill in the victim a reasonable apprehension of bodily harm, violence, or other dangerous consequences to herself or others.
    • Stover v. State, 293 Ga. App. 210 (2008)
       
  • Importantly, only minimal evidence of force is required in order to prove rape of a person under the age of 16, and intimidation may substitute for force.
    • Wightman v. State, 289 Ga. App. 225 (2008).
       
  • “Consent induced by force or fear is not the free consent required to prevent an act from constituting rape; it is equivalent to no consent at all.
    • Smith v. State, 287 Ga. App. 222 (2007)
    • Collins v. State, 267 Ga. App. 784 (2004)
       
  • Substantial violence by the perpetrator or vigorous resistance by the victim is not required to find rape if forcible intercourse is otherwise found.
    • Dorsey v. State, 206 Ga. App. 709 (1992)