What the accusation must actually prove
Different sexual-offence provisions turn on the alleged act, means, consent, capacity and age; they cannot be grouped under one assumption.
What precise conduct is alleged, when and where, and what evidence addresses consent, capacity, identity and timing?
The prosecution must prove every required element beyond reasonable doubt; suspicion, association or an adverse outcome cannot fill an evidential gap.
Evidence specific to this allegation
Contemporaneous communications, medical material, location and device data, CCTV, disclosure history and independent witnesses.
Conduct
Define the exact act attributed to each person, including time, place and role.
Mental element
Test knowledge, intent, purpose or negligence required by the potential provision.
Consequence and causation
Separate what happened from what the accused legally caused.
Articles that may enter the qualification
These provisions are orientation points, not a conclusion. An investigation may start under one article and later be narrowed, expanded or reclassified as facts, expert results, article parts, aggravating circumstances and procedural decisions develop.
Rape
The current provision concerns sexual penetration committed through the means specified in the article; the precise alleged act and circumstances must be proved.
Read full Article 137 text on this pageAnother action of a sexual nature
May apply to a non-penetrative sexual act alleged to involve violence, threat of violence or abuse of a helpless condition.
Read full Article 138 text on this pageCoercion into a sexual act
May be relevant where the alleged means involve threats to property or private information, dependence, or abuse of a helpless condition.
Read full Article 139 text on this pageRead the relevant provisions before the external source
The operative English text below is reproduced from the official consolidated Criminal Code of Georgia, publication 296, accessed 9 August 2026. Formatting has been normalised for on-screen reading; the current Georgian-language consolidated text controls if wording or timing differs.
Article 137Rape+
1. Rape, that is any form of penetration of a sexual nature of the body of a person with any bodily part or object, committed with violence, under the threat of violence or by abusing a helpless condition of a person affected, –
shall be punished by imprisonment for a term of six to eight years, with or without restriction of the rights regarding weapons.
2. The same act:
a) committed by abusing the official position;
b) that caused a serious damage to the health of a person affected, or other serious consequence, –
shall be punished by imprisonment for a term of eight to ten years, with or without restriction of the rights regarding weapons.
3. The same act committed:
a) repeatedly;
b) by a person who had previously committed any crime under Articles 138-141 of this Code;
c) by a group of persons;
d) knowingly by an offender against a person with disability or a pregnant woman;
e) against a person under the custodianship, guardianship or surveillance, or a family member, of an offender, –
shall be punished by imprisonment for a term of ten to thirteen years, with or without restriction of the rights regarding weapons.
4. The same act:
a) committed against a person affected or any other person with extreme cruelty;
b) that caused death of a person affected;
c) committed knowingly against a minor;
d) committed against a minor using trust, and authoritative and influential position, –
shall be punished by imprisonment for a term of fifteen to twenty years, or life imprisonment, with or without restriction of the rights regarding weapons.
Open Article 137 in the official consolidated Criminal Code↗︎Article 138Another action of a sexual nature+
1. Another action of a sexual nature, which does not contain elements of crime under Article 137 of this Code, committed with violence, under the threat of violence or a helpless condition of a victim, –
shall be punished by imprisonment for a term of four to six years, with or without restriction of the rights regarding weapons.
2. The same act:
a) committed repeatedly;
b) committed by abusing the official position;
c) committed by a group of persons;
d) committed knowingly by an offender against a person with disability or a pregnant woman;
e) committed by a person who had previously committed any crime under Articles 137, 139, 140 and 141 of this Code;
f) committed against a person under the custodianship, guardianship or surveillance, or a family member, of an offender;
g) that has caused a serious damage to the health of a person affected, or other serious consequence, –
shall be punished by imprisonment for a term of six to nine years, with or without restriction of the rights regarding weapons.
3. The same act:
a) committed knowingly against a minor;
b) committed knowingly against a minor using trust, and authoritative and influential position;
c) that caused death of a person affected, –
shall be punished by imprisonment for a term of eleven to fifteen years, with or without restriction of the rights regarding weapons.
4. The same act:
a) committed knowingly by an offender against a person that has not reached 14 years of age;
b) committed with the extreme cruelty, –
shall be punished by imprisonment for a term of fifteen to twenty years, with or without restriction of the rights regarding weapons.
Open Article 138 in the official consolidated Criminal Code↗︎Article 139Coercion into penetration of a sexual nature into the body of a person, or into another action of a sexual nature+
1. Coercion into penetration of a sexual nature into the body of a person, or into another action of a sexual nature, committed under the threat of damaging property, disclosing defamatory information, information representing private life or such information that may substantially affect the right of that person, and/or by abusing a helpless condition of a person affected, or material, official or other kind of dependence, –
shall be punished by a fine or imprisonment for a term of up to five years, with or without restriction of the rights regarding weapons.
2. The same act that has caused a serious damage to the health of a person affected, or other serious consequence, –
shall be punished by imprisonment for a term of five to seven years, with or without restriction of the rights regarding weapons.
3. The same act committed:
a) repeatedly;
b) by a person who had previously committed any crime under Articles 137, 138, 140 and 141 of this Code;
c) by a group of persons;
d) knowingly by an offender against a person with disability or a pregnant woman;
e) against a person under the custodianship, guardianship or surveillance, or a family member, of an offender, –
shall be punished by imprisonment for a term of seven to nine years, with or without restriction of the rights regarding weapons.
4. The same act:
a) having caused death of a person affected;
b) committed knowingly against a minor, –
shall be punished by imprisonment for a term of nine to fifteen years, with or without restriction of the rights regarding weapons.
Open Article 139 in the official consolidated Criminal Code↗︎How counsel turns the issue into a case plan
For sexual offences, counsel can identify the operative procedure and decision-maker, test the prosecution theory against each legal element, obtain lawful defence material, frame expert or disclosure requests, preserve objections and prepare the next motion, hearing or cross-border step. Advice must be based on the actual record rather than the page title alone.
Protect confidentiality, avoid contact between participants and preserve digital evidence without editing it.
Questions clients ask about sexual offences
Does Article 137 — Rape — automatically apply to Sexual Offences?+
For Sexual Offences, Article 137, Article 138, Article 139 may provide a starting point, but a page title is not a legal qualification. Investigators and prosecutors must match proved facts to every element, part and aggravating circumstance. The qualification may be narrowed, expanded or changed after expert results, new evidence, a defence motion, prosecutorial review or a court decision. The current provision concerns sexual penetration committed through the means specified in the article; the precise alleged act and circumstances must be proved.
Which factual boundary is decisive in a Sexual Offences case?+
In a Sexual Offences case, the evidence must distinguish the alleged conduct from a neighbouring offence, lawful conduct or a credible defence. That boundary is tested through the person's individual conduct, knowledge or intent, the legally classified consequence and every circumstance relied upon to move the allegation into a different article or aggravated part.
What evidence can prove—or undermine—the allegation of Sexual Offences?+
The focused record for Sexual Offences is not the same as for every offence. Priority material includes scene material, medical evidence, original communications, identification evidence and a complete event chronology. The defence should test provenance, completeness, authorship, lawful collection, chain of custody and whether each item proves the disputed element rather than merely repeating the accusation.
Can the article or charge for Sexual Offences change after the investigation starts?+
Yes. For Sexual Offences, Article 137, Article 138, Article 139 may be a starting map, but expert results, quantity or value, injury classification, individual role, attempt or participation, a defence application, prosecutorial review or a court decision may support a different article, part or legal outcome.
What should be preserved immediately in a Sexual Offences matter?+
In a Sexual Offences matter, preserve the original chronology, procedural records and the topic-specific material before routine loss or alteration. Early advice is important because memories, recordings and physical traces can disappear quickly; preservation must be lawful and must not involve hiding, changing or coordinating evidence.
Primary sources for this guide
Legislation can change and official English translations may lag the Georgian text. Check the current consolidated version and obtain advice before relying on a deadline, offence classification or remedy.
Criminal Procedure Code of Georgia↗︎Criminal Code of Georgia↗︎Ministry of Finance Investigation Service↗︎