Atlanta based minister, Don Martin, was accused and arrested on the following charges:
- Rape in Georgia
- Aggravated Sexual Battery in Georgia
- Cruelty to Children in Georgia
- Child Molestation in Georgia
Martin left the courthouse in Fulton County convicted of sexually assaulting and raping a girl from the time she was 7 years old to 13 years old.
As a Georgia Criminal Defense Lawyer, I will focus on the offense of rape in today's post. This is only one of the charges that Martin was convicted of, however, it is the most serious offense.
Rape in Georgia
Rape in Georgia is defined by the Georgia Code 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 case law defines the terms used in the statute.
- “Forcibly” means acts of physical force, threats of death or physical bodily harm, or mental coercion, such as intimidation.
- “Against her will” means without consent.
Therefore, force does not have to be exerted by the use of physical violence, but can also be asserted through threats that cause a female to give in against her will. Any consent that is induced through fear or intimidation does not legally amount to consent.
The penalties for a rape conviction are very severe. Rape is classified as a felony in the state of Georgia. The penalty for a rape conviction can include the death penalty, life in prison without parole, or a statutory minimum of 25 years in prison followed by lifetime probation.
If you or a loved one is facing serious charges, contact a Georgia Criminal Defense Attorney today. Not all arrests are correct - there are more wrongful accusations than we would like to admit.