I have a couple questions, first of all when my daughter was seeing this boy she was 14 and I was told that he was 16, I found out that he was in fact 18 or 19, I'm not quite sure on the exact age. She is 17 now and he is 22 I think. Can I bring charges against him now, and if so what would they be? He has also joined the army, do you know if that will have any effect on him? One more thing, I don't know if she really knew how old he was or not, but will that matter if she did. I'm a parent trying to do the right thing. Thank you for your help.
Included below are the Georgia statutes on:
§ 16-6-3. Statutory rape
§ 17-3-2.1 Limitation on prosecution of certain offenses involving a victim under 16 years of age
§ 17-3-1 Limitation on prosecutions -- Generally
If the crime of "Statutory Rape" was committed against your daughter while under the age of 16, the statute of limitations to report the crime did not begin to run until your daughter turned 16.
To file a complaint against the former boyfriend, you would need to contact your local police, or state prosecutor's office, (or "District Attorney") and file a report outlining the details and time line of what occured. Depending on procedures in your local area, a complaint may be filed with the law enforcement authorities or you may also be able to file a complaint directly with the prosecutor's office. An investigation would likely be opened in the matter and ultimately it would be the prosecutor who would determine what charges, if any, would be filed against former boyfriend and whether to arrest or cite him. Given your description, the statutory rape law under Georgia statute 16-6-3 "Statutory Rape" appears to have been violated by the 18 year old (at the time).
There really is no way for us to answer the question regarding his military service as this would be up to the military to determine;
Lack of knowledge of "his" age would be irrellivant. At the age of 14 and 15 she was legally incapable of consenting to sexual intercourse. If they were sexually active at that time and their ages are less than 4 years apart, it may be a misdemeanor violation; if they are more than 4 years apart, it may be a felony violation.
O.C.G.A. § 16-6-3 (2007)
§ 16-6-3. Statutory rape
*** Current through the 2007 Regular Session ***
TITLE 16. CRIMES AND OFFENSES
CHAPTER 6. SEXUAL OFFENSES
(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.
HISTORY: Ga. L. 1918, p. 259, §§ 1, 2; Code 1933, §§ 26-1303, 26-1304; Code 1933, § 26-2018, enacted by Ga. L. 1968, p. 715, § 1; Ga. L. 1995, p. 957, § 3; Ga. L. 1996, p. 871, § 1; Ga. L. 1996, p. 1115, § 3; Ga. L. 2006, p. 379, § 10/HB 1059.
O.C.G.A. § 17-3-2.1 Limitation on prosecution of certain offenses involving a victim under 16 years of age
*** Current through the 2007 Regular Session ***
TITLE 17. CRIMINAL PROCEDURE
CHAPTER 3. LIMITATIONS ON PROSECUTION
(a) If the victim of a violation of:
(1) Code Section 16-5-70, relating to cruelty to children;
(2) Code Section 16-6-1, relating to rape;
(3) Code Section 16-6-2, relating to sodomy and aggravated sodomy;
(4) Code Section 16-6-3, relating to statutory rape;
(5) Code Section 16-6-4, relating to child molestation and aggravated child molestation;
(6) Code Section 16-6-5, relating to enticing a child for indecent purposes; or
(7) Code Section 16-6-22, relating to incest,
is under 16 years of age on the date of the violation, the applicable period within which a prosecution must be commenced under Code Section 17-3-1 or other applicable statute shall not begin to run until the victim has reached the age of 16 or the violation is reported to a law enforcement agency, prosecuting attorney, or other governmental agency, whichever occurs earlier. Such law enforcement agency or other governmental agency shall promptly report such allegation to the appropriate prosecuting attorney.
(b) This Code section shall apply to any offense designated in paragraphs (1) through (7) of subsection (a) of this Code section occurring on or after July 1, 1992.
HISTORY: Code 1981, § 17-3-2.1, enacted by Ga. L. 1992, p. 2973, § 1.
*** Current through the 2007 Regular Session ***
TITLE 17. CRIMINAL PROCEDURE
CHAPTER 3. LIMITATIONS ON PROSECUTION
O.C.G.A. § 17-3-1 Limitation on prosecutions -- Generally
*** Current through the 2007 Regular Session ***
TITLE 17. CRIMINAL PROCEDURE
CHAPTER 3. LIMITATIONS ON PROSECUTION
(a) A prosecution for murder may be commenced at any time.
(b) Prosecution for other crimes punishable by death or life imprisonment must be commenced within seven years after the commission of the crime except as provided by subsection (c.1) of this Code section; provided, however, that prosecution for the crime of forcible rape must be commenced within 15 years after the commission of the crime.
(c) Prosecution for felonies other than those specified in subsections (a), (b), and (c.1) of this Code section must be commenced within four years after the commission of the crime, provided that prosecution for felonies committed against victims who are at the time of the commission of the offense under the age of 18 years must be commenced within seven years after the commission of the crime.
(c.1) A prosecution for the following offenses may be commenced at any time when deoxyribonucleic acid (DNA) evidence is used to establish the identity of the accused:
(1) Armed robbery, as defined in Code Section 16-8-41;
(2) Kidnapping, as defined in Code Section 16-5-40;
(3) Rape, as defined in Code Section 16-6-1;
(4) Aggravated child molestation, as defined in Code Section 16-6-4;
(5) Aggravated sodomy, as defined in Code Section 16-6-2; or
(6) Aggravated sexual battery, as defined in Code Section 16-6-22.2;
provided, however, that a sufficient portion of the physical evidence tested for DNA is preserved and available for testing by the accused and provided, further, that, if the DNA evidence does not establish the identity of the accused, the limitation on prosecution shall be as provided in subsections (b) and (c) of this Code section.
(d) Prosecution for misdemeanors must be commenced within two years after the commission of the crime.
HISTORY: Code 1933, § 26-502, enacted by Ga. L. 1968, p. 1249, § 1; Ga. L. 1987, p. 330, § 1; Ga. L. 1996, p. 1115, § 4; Ga. L. 2002, p. 650, § 1.
