According to reports out of Cobb County, a man has been convicted for a rape and sexual assault that occurred 21 years ago in 1998.
An untested DNA kit linked the man to the crime. He was convicted of raping a 16-year-old girl and sentenced to two consecutive life sentences. At the time of the DNA kit, laboratories only tested the kits when a known sample could also be submitted for comparison. A new law has since been passed, and the original rape kit was sent to the Georgia Bureau of Investigation for testing in 2017.
After the new law was passed, the rape kit was sent to the GBI for testing.
As a Georgia Criminal Defense Lawyer, I will outline the law behind the criminal offense of rape in the state of Georgia.
Rape in Georgia
According to the Georgia Code, rape in Georgia is defined 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.
Carnal knowledge in rape occurs 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 is not a defense to a charge of rape.
Rape is classified as a felony. 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.
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 on the Georgia Sex Registry.
If you or a loved one has been accused of committing any of the numerous Sex Crimes in Georgia, contact our offices as soon as possible. We can help you now.