A former deputy in Richmond County has been arrested after being accused of raping a woman while she was in police custody.
He is facing charges of rape and violation of oath of office in Georgia. He has been placed on administrative leave pending the outcome of his case.
As a Georgia Sex Crimes Attorney, I will outline the elements behind the criminal offense of rape in today's post.
Rape in Georgia
Rape in Georgia is defined by Georgia Law in O.C.G.A. §16-6-1 as:
(a) A person commits the offense of rape when he has carnal knowledge of:
(1) A female forcibly and against her will; or
(2) A female who is less than ten years of age.
Legally, carnal knowledge is defined as when there is any penetration of the female sex organ by the male sex organ.
The fact that the person allegedly raped is the wife of the defendant shall not be a defense to a charge of rape.
A person convicted of the offense of rape shall be punished by death, by imprisonment for life without parole, by imprisonment for life, or by a split sentence that is a term of imprisonment for not less than 25 years and not exceeding life imprisonment, followed by probation for life.
Practice Note
Georgia Sex Crimes are serious. If you or a loved one has been arrested for one, call our offices now.
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