Can I go to jail for statutory rape if my girlfriend lied about her age?

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Can I go to jail for statutory rape if my girlfriend lied about her age?

I had sex with a girl 2 years younger than me, 16. She told me she was 18. We’ve had a relationship for about 3 months, and her mom found out, and is now talking about pressing charges. The girl told her mom that she told me she was 18, but her mom still says I could be arrested for statutory rape. Is she right?

Asked on November 26, 2010 under Criminal Law, Georgia

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

you cannot be charged, but it has nothing to do with her lying about her age.  In GA, the age of consent to have consensual sex is 16; this is the age at which a peson can no longer be a victim of statutory rape.  However, there may be other laws, such as contributing to the delinquency of a minor or the like, that may come into play. 

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

No you cannot be charged, but it has nothing to do with her lying about her age.  In GA, the age of consent to have consensual sex is 16; this is the age at which a peson can no longer be a victim of statutory rape.  However, there may be other laws, such as contributing to the delinquency of a minor or the like, that may come into play. 


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