Vickery v. State

At the common law a child under ten years of age was conclusively deemed incapable of consenting to the act of :sexual intercourse (McMath v. State, 55 Ga. 303; Stephen v. State, 11 Ga. 225; Gosha v. State, 56 Ga. 36); and where sexual intercourse was had with a child under that age the offense was rape, with or without the consent of the child. See cases cited above. By the act of 1918 (Ga. L. 1918, p. 259), the General Assembly fixed the minimum age at which a female can consent to sexual intercourse at fourteen years, and makes it unlawful for any person to have sexual intercourse with any…