Woodstock, Ga. - Police are searching for a local man in Woodstock who has been accused of raping a woman in his house.
The incident allegedly occurred last night, and no other information has been released by Cherokee County yet. Officers said that the last report they received of anyone seeing the man he was riding a bicycle near North Arnold Mill Road. The sheriff's office is asking for the public's help.
As a Cherokee County Criminal Lawyer, I will focus today's post on the law behind the offense of rape as it is defined by Georgia law. Many times, people confuse rape with the crime of statutory rape in Georgia. See the law below in order to understand the difference.
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.
Call our offices today if you have bene arrested. A Georgia Criminal Defense Attorney can help you with your case now.