According to reports, Mattay Muhammad was accused of breaking into a home in Clayton County and raping a 13 year old girl. Muhammad has also been accused of threatening to kill both the young girl and her younger brother.
Even more disturbing about the reports, Muhammad videoed the assault and forced the victim to look at the camera and address her mother by saying, “Hi mom.”
This incident was alleged to have happened in August of last year, and this week, the United States Marshals Service searched his sister's home and found Muhammad hiding out in a dryer in her basement. He was arrested and will be extradited to Clayton County soon.
As a Georgia Criminal Defense Attorney, I will outline the legal definition of rape in today's post so as to provide a clearer idea as to what Muhammad has been accused of committing.
Rape in Georgia
Rape is defined by the Georgia Code 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.
By law, carnal knowledge occurs when there is any penetration of the female sex organ by the male sex organ.
The offense of rape occurs when the act is forcibly and against the will of the alleged victim.
Statutory rape, however, occurs when someone has sexual intercourse with a person under the age of 16.
Rape is classified as a felony in Georgia. In fact, 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.
Rape is a very serious charge in every state. However, it is one of few still punishable by the death penalty in the state of Georgia. Capital crimes should be taken very seriously, which means that you need serious representation by a Georgia Criminal Defense Attorney. Contact us today if you or a loved one has been arrested.