A female UGA student reported an incident to the Clarke County police early this morning. She got in the car with a man who she thought was her Uber driver only to realize something was wrong about mid-trip when he was not going in the direction of her destination.
She, then asked the man to pull over and let her out of the vehicle, but she reported that he refused and then later raped her and released her from the car.
Sex Crimes in Georgia carry severe penalties and negative prejudice from any community. People tend to place guilt on a person the moment an accusation occurs. As Georgia Criminal Defense Lawyers, we understand that no one should be assumed guilty just because he or she has been charged with a crime.
Let's jump into the law behind rape in Georgia.
The Offense of Rape in Georgia
The Georgia Code defines rape in O.C.G.A. §16-6-1:
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.
The statute itself requires a little more breakdown. First, “carnal knowledge” occurs when there is any penetration of the female sex organ by the male sex organ. Second, “forcibly” refers to an actual act of physical force, a threat of death or physical bodily harm, or mental coercion/intimidation. Third, “against her will” means without her consent.
Georgia considers the offense of rape as an offense that occurs between a male and a female. If the sexual offense occurs between two men or two women, then the offense might be considered aggravated sodomy or sexual battery in Georgia. If the sexual offense is between an adult and a person under the age of sixteen, then it is considered the offense of statutory rape in Georgia.
The Penalty for a Rape Conviction in Georgia
In order to be convicted of committing rape, the State of Georgia will have to demonstrate that the accused person is guilty beyond a reasonable doubt by proving that he had carnal knowledge forcibly and against the victim's will.
If convicted of rape, the penalty is a felony conviction and 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.