Gainesville, Ga. - According to reports out of Hall County, a man was arrested after being accused of furnishing alcohol to a minor and then proceeding to rape her.
The girl reported the conduct after receiving treatment for the rape at the Northeast Georgia Medical Center. The alleged victim told officers that she met the man on social media and that he came and picked her up from her neighborhood. He took her back to his residence and gave her alcohol. She then stated that he raped her.
As a Georgia Criminal Defense Lawyer, I will provide a closer look at the law behind the offense of rape in today's post.
Rape in Georgia
The Georgia Code defines Rape in Georgia in O.C.G.A. §16-6-1 as:
A person commits rape when he has carnal knowledge of a female forcibly against her will or a female less than 10 years of age.
Georgia law defines “carnal knowledge” as when there is any penetration of the female sex organ by the male sex organ. Moreover, the terms “forcibly” and “against her will” mean an act of physical force, a threat of bodily harm, or mental coercion without the victim's consent. In Georgia, rape is considered an act that can only occur between a male and a female.
In order to be convicted of committing rape, the prosecution will have to demonstrate that the accused person is guilty beyond a reasonable doubt. They can only do this by proving that the accused person had carnal knowledge of a female both forcibly and against the victim's will. Rape is classified as a felony in Georgia. The punishment can include a life sentence without parole, 25 years imprisonment followed by lifetime probation, or the death penalty.
The convicted person will also be required to register as a sex offender with the Georgia Sex Offender Registry.
If you or a loved one has been arrested for a sex crime in the state of Georgia. We can help you now.