Arrest Made in Fayetteville Cold Case

Fayette County Courthouse

Fayetteville, Ga. – Fayette County authorities have made an arrest in a cold case from over 20 years ago. According to reports, officers arrested a man out of McDonough and have charged him with rape.

The incident occurred in 1998. The victim called 911 and reported an attack and rape by a lone perpetrator. The case went cold, however, as a result of efforts exerted by the Fayette County Sheriff's Office, the investigation led to this most recent arrest.

As a Georgia Criminal Defense Lawyer, I will provide an in-depth look at the crime the man has been accused of committing – rape.

Rape in Georgia

O.C.G.A. §16-6-1 outlines the law behind the crime of rape in Georgia 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.

Practice Note

Call our offices now if you or a loved one has been accused of a serious crime in the state of Georgia.