Georgia Network to End Sexual Assault
In the
future, we'll be using this page to let you know about pending
changes to the laws and statutes of Georgia. For now, take some
time to learn about the current regulations.
Basic
Summary of Georgia Statutes
on Rape and Sexual Assault
Note:
For the sake of brevity, these summaries (except 16-6-1: Rape) do
not include any information relevant to sentencing or punishment.
To obtain complete information, including punishment and sentencing
parameters, please refer to the following address: http://www.legis.state.ga.us/cgi-bin/gl_codes_detail.pl?code=1-1-1.
Searches may be performed by referencing the code number (listed
in bold type). All effective dates listed are the date of the most
recent changes.
16-6-1
GCA § 26-2001: 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 imprisonment for not less than ten nor more than 20 years.
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. Effective Dec. 3, 2001
16-6-2
GCA § 26-2002: Sodomy; aggravated sodomy
"A person commits the offense of sodomy when he or she performs
or submits to any sexual act involving the sex organs of one person
and the mouth or anus of another. A person commits the offense of
aggravated sodomy when he or she commits sodomy with force and against
the will of the other person or when he or she commits sodomy with
a person who is less than ten years of age. The fact that the person
allegedly sodomized is the spouse of a defendant…shall not be a
defense to a charge of aggravated sodomy." Effective Dec. 3,
2001
16-6-3
GCA § 26-2018: Statutory Rape
"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."
Effective July 1, 1996
16-6-4
GCA § 26-2019: Child molestation; aggravated
child molestation
"A person commits the offense of child molestation when he or she
does any immoral indecent act to or in the presence of or with any
child under the age of 16 years with the intent to arouse or satisfy
the sexual desires of either the child or the person…. "A person
commits the offense of aggravated child molestation when such person
commits an offense of child molestation which act physically injures
the child or involves an act of sodomy" Effective July 1, 1997
16-6-5
GCA § 26-2020: Enticing a child for indecent purposes
"A person commits the offense of enticing a child for indecent purposes
when he or she solicits, entices, or takes any child under the age
of 16 to any place whatsoever for the purpose of child molestation
or indecent acts." Effective July 1, 1995
16-6-5.1
GCA § 26-2020.1: Sexual Assault
"A person commits sexual assault when such person has supervisory
or disciplinary authority over another person and such person engages
in sexual contact with that other person who is: in the custody
of law; or detained in or is a patient in a hospital or other institution;
or…if [a] treatment or counseling relationship was used to facilitate
sexual contact between the actor and said person… consent of the
victim shall not be a defense to prosecution under this subsection.
"A person who is an employee, agent, or volunteer at…long term care
facilities…relating to health care and hospices commits sexual assault
when such person engages in sexual contact with another person who
has been admitted or receiving services from such facility, persons,
or entities." Effective Dec. 3, 2001
16-6-22
GCA § 26-2006: Incest
"A person commits the offense of incest when he engages in sexual
intercourse with a person to whom he knows he is related by blood
or by marriage as follows: 1) Father and daughter or stepdaughter;
2) Mother and son or stepson; 3) Brother and sister of the whole
blood or the half blood; 4) Grandparent and grandchild; 5) Aunt
and nephew; or 6) Uncle and niece. Acts 1968
16-6-22.1
GCA § 26-2024: Sexual battery
"A person commits the offense of sexual battery when he intentionally
makes physical contact with the intimate parts of the body of another
person without the consent of that person…For the purposes of this
Code section, the term 'intimate parts' means the primary genital
area, anus, groin, inner thighs, or buttocks of a male or female
and the breasts of a female." Effective July 1, 1990
16-6-22.2
GCA § 26-2025: Aggravated sexual battery
"A person commits the offense of aggravated sexual battery when
he intentionally penetrates with a foreign object the sexual organ
or anus of another person without the consent of that person…For
the purposes of this Code section, the term 'foreign object' means
any article or instrument other than the sexual organ of a person."
Effective Jan. 1, 1995
16-6-23
GCA § 26-9901: Publication of name or identity of female raped
or assaulted
"It shall be unlawful for any news media or any other person to
print and publish, broadcast, televise or [publicly disseminate]…in
this state or originating in the state the name or identity of any
female who may have been raped or upon whom an assault with the
intent to commit the offense of rape may have been made. This Code
section does not apply to truthful information disclosed in public
court documents open to public inspection." Acts 1968
16-5-90
GCA § 26-3700: Stalking
" A person commits the offense of stalking when he or she follows,
places under surveillance, or contacts another person at or about
a place or places without the consent of the other person for the
purpose of harassing and intimidating the other person…. "For the
purposes of this article, the term 'harassing and intimidating'
means a knowing and willful course of conduct directed at a specific
person which causes emotional distress by placing such a person
in reasonable fear for such person's safety or the safety of a member
or his or her immediate family, by establishing a pattern of harassing
and intimidating behavior, and which serves no legitimate purpose.
This code section shall not be construed to require that an overt
threat of death or bodily injury has been made." Effective Dec.
3, 2001
