A man has been accused of the following offenses in what could possibly be three separate Georgia cases:
He was arrested by the Clayton County Sheriff's Office yesterday a year after the reported rape occurred. The man allegedly pulled the victim into a wooded area behind a shopping center, raped her, and robbed her of $300 in cash.
Clayton County officials suspect that this horrific occurrence is connected to two other alleged rapes in Fulton County.
As a Georgia Criminal Defense Lawyer, I will focus today's blog on the law behind the offense of rape in Georgia and explain the legal meanings.
What constitutes Rape in Georgia?
The Georgia Code defines the criminal offense 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. O.C.G.A. §16-6-1.
Let's dissect the statute because Georgia Courts have provided meaning to some of the terms.
- Carnal Knowledge - when there is any penetration of the female sex organ by the male sex organ.
- Forcibly - an act of physical force, a threat of death/physical bodily harm, or mental coercion/intimidation.
- Against Her Will - without the victim's consent or authority.
The offense of rape is considered an act that can only occur between a male and a female in the state of Georgia.
If the sexual offense occurs between two men, then it is considered to be aggravated sodomy in Georgia. If the sexual offense occurs between two women, then the offense is considered to be sexual battery in Georgia.
If the sexual offense is between someone over the age of 18 and a person under the age of 16, and they are more than two years apart in age, then it is considered the offense of statutory rape in Georgia.
Rape Conviction in Georgia
To be found guilty and convicted of committing rape, the State of Georgia will have to demonstrate that the accused person is guilty beyond a reasonable doubt. The prosecution 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.
As Georgia Criminal Defense Lawyers, we understand the concept of innocent until proven guilty. No one should be considered guilty just because they have been accused of committing a criminal offense.
Unfortunately, as I have written about before, Sex Crimes in Georgia carry a lot of stigma. If accused of committing a sex crime, a person is generally deemed guilty from the 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. There are Georgia Criminal Defenses that apply to an accusation of rape in Georgia.
If you or a loved one has been accused of committing a crime, contact us today.