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
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 Criminal Code provisions
The panel below reproduces the available official English wording for convenient reading. Check the current Georgian text and the exact article part before relying on it, because later amendments may not yet appear in translation.
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.
The consolidated official source is listed in the source section at the end of this guide.
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.
The consolidated official source is listed in the source section at the end of this guide.
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.
The consolidated official source is listed in the source section at the end of this guide.
Protect confidentiality, avoid contact between participants and preserve digital evidence without editing it.
Primary sources for this guide
Before acting, compare this guide with the current Georgian text and the exact document served in the case. The official English translation may not include the latest amendment.
Criminal Procedure Code of Georgia↗︎Criminal Code of Georgia↗︎Ministry of Finance Investigation Service↗︎