A teenager out of Fulton County has been convicted and sentenced to forty-five years in prison after violently raping a woman.
Prosecutors say that he asked for a ride from a 33-year-old woman in 2016. The woman agreed to give him a ride but when they arrived at their destination - he refused to get out of her car. He forced her to drive to a home in Hapeville. He then forced her out of the car and dragged her into the home. The woman was covered in bruises and bite marks. She was also raped by the teenager. Neighbors called 911 when they heard the woman screaming for help.
As a Georgia Sex Crimes Attorney, I will outline the legal elements of the crime of rape in the state of Georgia.
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.
If you or a loved one has been arrested for a sex crime in the state of Georgia. We can help you now.