I know a friend that is 16 and having sex with a 25 year old is that a crime if the consent age is 16 in Georgia ?

Question

I know a friend that is 16 and having sex with a 25 year old is that a crime if the consent age is 16 in Georgia ?

Answer

Sexual Intercourse With an Underage Male/Female - Statutory Rape

Your question really centers around the general rule for Statutory Rape in Georgia. O.C.G.A. Section 16-6-3 clarifies that certain underage parties, i.e. under 16, are incapable of legally consenting to intercourse. The punishment for statutory rape ranges from 1-20 years in prison.

Based upon your hypothetical, it does not appear that a crime occurred. For more information on criminal law issues, visit:

https://www.rousecolaw.com

Best regards,

Answer

While it is not statutory rape, it is a crime. Potentially there can be several charges depending on the details such as contributing to the delinquency of a minor.