Criminal Defense Topics
Rape in Georgia
Persons convicted in Georgia of forcible rape, date rape, and other forms of non-consensual sex face lengthy prison sentences and suffer having a record with one of Georgia's "three strikes law" crimes.
Regardless of the circumstances, if you stand accused of committing a rape or sexual assault the police and prosecutors are working to convict you - they do not work to prove that you were wrongfully accused. Hiring an experienced sex crimes lawyer to represent you gives the best chance of having a positive outcome from this situation.
Even if you're dealing with false accusations your personal reputation and future are at risk. Don't become a victim of a person falsely accusing you of date rape, marital rape, or blaming you because they have regret, embarrassment, or gave mixed communications in a moment of passion. Don't try to explain your side of the story to police - call a sex crimes lawyer for expert help.
Rape Laws in Georgia - O.C.G.A. 16-6-1
In Georgia, rape is defined as a man having "carnal knowledge" of "a female forcibly and against her will." Relative to rape accusations, carnal knowledge is specifically defined as "penetration of the female sex organ (vagina) by the male sex organ (penis).".
Rape charges may be brought on people for "marital rape" where a person is accused of forcing their spouse to engage in sex against their will. Rape and related sexual assault charges can be brought for acts involving people of the same sex (or gender).
Rape in Georgia is defined as follows:
- (a) A person commits the offense of rape when he has carnal knowledge of:
- (1) A female forcibly and against her will; or
- (2) A female who is less than ten years of age.
- Carnal knowledge in rape occurs when there is any penetration of the female sex organ by the male sex organ. The fact that the person allegedly raped is the wife of the defendant shall not be a defense to a charge of rape.
- (b) A person convicted of the offense of rape shall be punished by death, by imprisonment for life without parole, by imprisonment for life, or by a split sentence that is a term of imprisonment for not less than 25 years and not exceeding life imprisonment, followed by probation for life. Any person convicted under this Code section shall, in addition, be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7 .
- (c) When evidence relating to an allegation of rape is collected in the course of a medical examination of the person who is the victim of the alleged crime, the Georgia Crime Victims Emergency Fund, as provided for in Chapter 15 of Title 17, shall be responsible for the cost of the medical examination to the extent that expense is incurred for the limited purpose of collecting evidence.
Are You Facing Forcible Rape Charges?
If you've been accused of rape you need to hire an experienced sex crimes lawyer as quickly as possible. Our law firm has represented numerous clients charged with forcible rape and various forms of sexual assault. We invite you to contact us to learn how we can help you. Call 770-956-1400 or contact us online to schedule a consultation with a Cherokee County criminal defense lawyer.