A high school student at a Gwinnett County high school has reported that she was raped by a fellow student in a bathroom during school hours.
The incident occurred last month. The other student has been charged with rape as a juvenile.
As a Georgia Sex Crimes Attorney, I will outline the law behind the criminal offense of rape and the legal elements that constitute the offense.
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.
Sex crimes are taken seriously in the state of Georgia - as are accusations of sex crimes. If you or a loved one has been accused of committing a sex crime, contact our offices today.