LaGrange, Ga. - According to reports out of LaGrange, a local bar owner has been arrested on one charge of rape.
Police reported that the man turned himself into the LaGrange Police Department earlier this week. He surrendered himself as the result of an investigation concerning a rape report on July 12th. The incident allegedly occurred at the bar he owns.
As a Georgia Criminal Defense Lawyer, I will outline the law behind the crime of rape in today's post.
Rape in Georgia
O.C.G.A. §16-6-1 outlines the law behind the crime of rape in Georgia 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.
Sex Crimes are taken quite seriously in the state of Georgia. However, just as with any other criminal offense - just because a person has been accused of committing a crime does not mean that he or she is guilty.
If you have been arrested in Georgia, call our offices now.