Atlanta Police are still searching for two men who have been accused of committing a violent assault including rape and armed robbery in Georgia.
A woman has reported that she was sitting in gray Ford F-150 with two men when one of the individuals used a stun gun on her. The two men then dragged her into the woods behind the Ashley Cascade Apartment complex. She then reported that they raped her, robbed her, and then choked her until she passed out.
She then woke up later to find that her clothes, her cellphone, her cash, and the two men were gone. She walked until she found a stranger who helped her by calling 911. The woman was then taken to Grady Memorial Hospital Thursday morning.
As an Atlanta Criminal Defense Attorney, I will expand on what legally constitutes rape in Georgia. There are many misunderstandings regarding rape that I hope to clear up in today's post.
Rape in Georgia
According to Georgia Law, the criminal offense of rape in Georgia is defined in statute 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.
By law, there are some terms in the statute that require clarification. First, “carnal knowledge” occurs when there is any penetration of the female sex organ by the male sex organ. Second, “forcibly” refers to acts of physical force, threats of death, mental coercion or bodily harm. Third, “against her will” means without consent.
Rape is classified as a felony offense in Georgia. The penalty if convicted can include either a statutory minimum of 25 years in prison followed by probation for life, a life sentence without parole, or even the death penalty. Anyone convicted of rape over the age of 21 years old must register as a sex offender.
Horrific crimes such as the one described above happen all the time. Wrongful accusations and arrests also happen more than we would like to ever admit. As an Atlanta Criminal Defense Lawyer, I know that not everyone who is accused of committing a crime is guilty of committing that crime.
If you or a loved one has been accused of committing a crime in Georgia, contact our offices today.