Ex Georgia Police Officer Arrested on Rape Charges

An ex-police officer who worked for both the Atlanta Police Department as well as the Lithonia Police Department has been arrested on charges of rape, aggravated assault, and violating his oath.

According tot reports out of DeKalb, the officer was first arrested in September, and since then, more victims of his alleged behavior have come forward to file official complaints.

As a Georgia Criminal Defense Lawyer, I will write about an offense that is rarely covered by the media as it can only be committed by those who are officials in the state of Georgia - violation of oath by a public officer.

Violation of Oath of Office in Georgia

Georgia Law defines violation of oath by public officer in Georgia in O.C.G.A. §16-10-1 as:

Any public officer who willfully and intentionally violates the terms of his oath as prescribed by law shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than five years.

In order to convict an officer of violating his oath of office, the State must prove that the defendant was actually administered an oath, that the oath was prescribed by law, and that the officer violated the terms of that oath. Oaths can be violated even while the officer is off duty. The issue is not whether the officer was on duty at the time the prohibited action occurred, but whether there was some connection between the offense and the public officer's official duties.

If a public officer is convicted of violating the oath in Georgia, the punishment will be a prison term between one and five years. They will be guilty of a felony. 

Practice Note

Anyone can be arrested or accused of committing a crime. No one is above the law. Contact us now if you have been arrested.