Can you reduce rape down to statutory rape or if you was charged with rape?
Full Question:
Can you reduce rape down to statutory rape or if you was charged with rape?
09/27/2007 |
Category: Criminal ยป Pleas |
State: Georgia |
#9208
Answer:
The applicable Georgia statutes are as follows:
16-6-1. Rape.
(a) A person commits the offense of rape when he has carnal knowledge
of:
(1) A female forcibly and against her will; or
(2) A female who is less than ten years of age.
Carnal knowledge in rape occurs when there is any penetration of the female
sex organ by the male sex organ. The fact that the person allegedly raped
is the wife of the defendant shall not be a defense to a charge of rape.
(b) A person convicted of the offense of rape shall be punished by death,
by imprisonment for life without parole, by imprisonment for life, or by
a split sentence that is a term of imprisonment for not less than 25 years
and not exceeding life imprisonment, followed by probation for life. Any
person convicted under this Code section shall, in addition, be subject
to the sentencing and punishment provisions of Code Sections 17-10-6.1
and 17-10-7.
(c) When evidence relating to an allegation of rape is collected in the
course of a medical examination of the person who is the victim of the
alleged crime, the law enforcement agency investigating the alleged crime
shall be responsible for the cost of the medical examination to the
extent that expense is incurred for the limited purpose of collecting
evidence.
16-6-3. Statutory rape.
(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.
