According to reports out of Bulloch County, police for both Georgia Southern University and Statesboro were called to the scene of a rape just before 3:00am Saturday.
The rape allegedly occurred at an apartment complex right next to the campus that advertises for Georgia Southern students.
As a Georgia Sex Crimes Attorney, I will outline the different legal elements of the criminal offense of rape in today's post.
Rape in Georgia
The term rape (much like sexual assault) is thrown around often to describe acts or crimes that are not fitting by law. 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 Offender Registry. The offender faces more charges if he or she fails to register.
Sex Crimes in Georgia are handled seriously by authorities. And most of the time a person is considered guilty as soon as he or she is accused of the offense. If you have been arrested for a sex crime, call our office now.