What’s the legal standard for consent under Georgia criminal defense law?
Georgia has no single legal standard for consent. Each statute decides whether consent matters and how, so the answer comes from the crime charged.
| Area | Rule | Source |
|---|---|---|
| Rape | "Forcibly and against her will"; force and lack of consent are separate | O.C.G.A. § 16-6-1 |
| Under 16 | Can't legally consent to sexual acts | §§ 16-6-3, 16-6-1(a)(2) |
| Authority figures | Consent isn't a defense for listed positions, such as a teacher or a jailer | § 16-6-5.1 |
| Impaired person | Force may be proved by incapacity | § 16-6-1, case law |
| Sexual battery | Intentional contact "without the consent" | § 16-6-22.1 |
| Property | "Without authority," "without consent" | § 16-7-21, § 16-7-23 |
| Searches | Voluntary; totality of circumstances | Schneckloth (1973) |
| Recording | One party in conversation; all persons on video | §§ 16-11-66, 16-11-62(2) |
| Medical | Required disclosures | § 31-9-6.1 |
| Assault | Limited as a defense | Case law |
Proof. Where consent is an element, the state must prove its absence beyond a reasonable doubt. Under O.C.G.A. § 24-4-412, past sexual behavior evidence is limited, with narrow exceptions, including with the defendant. A motion and hearing are required.
Reasonable mistake. Georgia’s mistake-of-fact rule, § 16-3-5, doesn’t apply in age cases. A person’s belief about age isn’t generally a defense in child sex crimes.
Evidence. Texts before and after, witnesses, or injury can matter. Silence isn’t necessarily consent. Intoxication doesn’t automatically end consent, but capacity can be a legal issue.
Because the rules vary so much, a lawyer starts from the exact offense on the indictment.
General information about Georgia law as of November 2026. It is not legal advice and does not create an attorney-client relationship.