Yvari Brown was found guilty and convicted of both rape and aggravated sodomy in Georgia on Friday. According to the facts, Brown raped a 15-year-old girl in a park in Henry County in October of 2016.
His sentencing will happen on July 30 by a Henry County Superior Court Judge, however, Brown is facing life in prison as a result of the strict laws Georgia has on rape. As a Georgia Criminal Defense Lawyer, I will outline the law behind rape in Georgia in today's post.
Rape in Georgia
Rape in Georgia 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.
Georgia law defines “carnal knowledge” as when there is any penetration of the female sex organ by the male sex organ. Moreover, the terms “forcibly” and “against her will” mean an act of physical force, a threat of bodily harm, or mental coercion without the victim's consent. In Georgia, rape is considered an act that can only occur between a male and a female.
In order to be convicted of committing rape, the prosecution will have to demonstrate that the accused person is guilty beyond a reasonable doubt. They can only do this by proving that the accused person had carnal knowledge of a female both forcibly and against the victim's will. Rape is classified as a felony in Georgia. The punishment can include a life sentence without parole, 25 years imprisonment followed by lifetime probation, or the death penalty.
The convicted person will also be required to register as a sex offender with the Georgia Sex Offender Registry.
An accusation or arrest for rape is serious and most of the time, people automatically assume guilt. But as Georgia Criminal Defense Lawyers, we know that everyone has the presumption of innocence until proven guilty. No one should be considered guilty just because they have been accused of committing a criminal offense.
Most Sex Crimes in Georgia carry so much stigma that people have a hard time understanding this concept. If accused of committing a sex crime, a person is generally deemed guilty from the very moment they are accused.
We understand that people can be falsely accused, and it happens in these situations more often than anyone would like to admit. In these situations, there are Georgia Criminal Defenses that can apply. A few of these defenses include:
- Failure to withdraw consent
- Lack of DNA evidence
As I mentioned above, these are just a few of the defenses that can apply to a wrongful accusation of rape in Georgia. If you or a loved one has been accused of committing a crime in Georgia, contact us today.