As a Georgia Sex Crimes Lawyer, I discussed the case that went viral on Facebook a few weeks ago. A video surfaced of a man sexually assaulting a woman while in an Atlanta nightclub. Police arrested Dominique Williams who as a result is facing a charge for aggravated sodomy in Georgia.
Williams is now facing more charges after a police officer testified this past week that another woman has come forward also accusing Williams of another case of sexual assault.
In today's post I will outline another offense now faced by Williams - rape.
Rape in Georgia
Rape in Georgia is outlined by Georgia Law 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.
The law seems simple enough, but let's define a few of the terms used in the statute.
- “Carnal knowledge” - when there is any penetration of the female sex organ by the male sex organ.
- “Forcibly” - acts of physical force, threats of death or physical bodily harm, or mental coercion, such as intimidation.
- “Against her will” means without consent.
By law, force does not have to be exerted by the use of physical violence, but can also be asserted through threats of which cause the female to give in against her will. Any consent that is induced through fear or intimidation does not amount to consent in law and does not prevent the intercourse from being considered rape.
Rape is classified as a felony in Georgia. The potential penalties for a conviction are very serious. If a defendant is convicted of rape by taking their case to trial, they can face either the death penalty, life in prison without parole, or a statutory minimum of 25 years in prison followed by lifetime probation.
Moreover, a person over 21 years of age that is convicted of rape must register as a sex offender with the State of Georgia for life.
As I mentioned in the title of this post, Judge Rachel Krause (Fulton County Superior Court) denied Williams bond. She stated that Williams was “a significant risk to the community.”
As a Georgia Sex Crimes Attorney, I discuss often that sexual crimes carry harsh punishments and negative prejudice from the community. Although a charge is not the same as a conviction, many people treat the two similarly.
Williams' attorney argued that police and investigators had not conducted a full investigation into the Midtown sexual assault or spoken to any witnesses of the alleged crime.
We understand the difference between an arrest and a conviction. We understand the difference between an accusation and guilt. Contact us today.