AllyKat said:
Situation occurred while visiting Atlanta, GA on May 10, 2003. Male (24) is from Oklahoma (I believe) and female (15) is from Florida. The girl's mother found out about the situation this past month or so (letters or a diary or something of that nature) and wants to prosecute against the male for statutory (he knew the minor's age). There also was another witness in the room who woke up during the event.
What state would she need to file charges in? Also any advice or comments on this type of proceeding, what evidence is needed, lawyer representation & costs.......any information at all that anyone could possibly provide would be appreciated b/c she is in the dark as to what she needs or can do. THANK YOU!
~~~In Georgia, and most states...you can go to jail for having sex! The law states:
If you have sexual intercourse with any person under the age of 16 years, you will have committed statutory rape.
A person 21 years of age or older convicted of statutory rape shall be imprisoned for a minimum of ten and up to 20 years.
A person age 17-20 convicted of statutory rape shall be imprisoned for one to 20 years.
If the victim is 14 or 15 years of age and the person convicted is no more than three years older than the victim, the person shall be guilty of a misdemeanor.
It does not matter if you are male or female.
It does not matter if you are unaware of the victim's age.
It does not matter if the sex is consensual.
The statutory rape law in Georgia and most states makes it a crime to engage in sexual intercourse with any person under the age of 16 who is not a spouse. In order to get a conviction the state must show only that the defendant had sex with a person under 16; it is unnecessary to prove either force or lack of consent. This is based on the presumption that a person under 16 is legally incapable of consenting to intercourse. Additionally, one may be convicted of statutory rape even if he or she reasonably believed that the victim was over 16. Finally, a conviction for statutory rape may not rest on the unsupported testimony of the victim. There must be some kind of corroborative evidence that verifies the victim’s allegations.
I would think that she must prosecute in the state this occurred in?? This I'm not too sure about. You must contact a lawyer ASAP!
