Andrew Head has been arrested for three counts of rape and kidnapping in Georgia after police detained him in Cobb County. His arrest followed a woman calling 911 and reporting that she had locked herself inside a Texaco bathroom on South Marietta Parkway. She said that Head had kidnapped her and raped her.
Officers were put on high alert when they spotted her stolen van going east on Cobb Parkway. Head allegedly violated a few different traffic laws and then took the officers on a high-speed chase on South Cobb Drive. The chase then ended when Head swerved into another vehicle on Fairground Street.
He has also been charged with aggravated assault on an officer in Georgia, and he remains in Cobb County jail without bond.
In today's post, I will outline the law behind the offense of rape, and as a Georgia Criminal Defense Lawyer, I will explain the penalties if convicted.
Rape in Georgia
The Georgia Code defines rape in Georgia 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 statute outlines carnal knowledge when there is any penetration of the female sex organ by the male sex organ.
The terms “forcibly” and “against her will” are two separate elements.”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.
The 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 offense in Georgia. This means that the penalties are extremely harsh. If convicted of rape, the penalty can include the death penalty, life in prison without parole, or a statutory minimum of 25 years in prison followed by lifetime probation. In addition to prison, fines, or both, 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.
However, an experienced Georgia Criminal Defense Attorney can sometimes negotiate a punishment less than what is required by statute. And sometimes, people are wrongfully accused of rape. Usually when people are accused of committing Sex Crimes in Georgia, others make the assumption that they are automatically guilty of the offense.
This is not always the case, and wrongful accusations happen more often that anyone would like to admit. In the case of a wrongful or inaccurate accusation, there are Georgia Criminal Defenses that apply.
If you or a loved one has been accused of a criminal offense in Georgia, contact us today.