Georgia Criminal Defense Blog

Recent Sexual Assault in Clayton County May Provide Answers for Previous Crimes

Posted by Richard Lawson | Mar 04, 2019 | 0 Comments

Disturbing reports out of Clayton County as another woman comes forward claiming that a man forced his way inside of her home, held her at knifepoint, and raped her. This report occurred over the weekend. Police responded to the assault but the man had left before they were able to get to the scene.

As of right now, the Georgia Bureau of Investigation has linked this attack with six other attacks in Clayton County. Investigators have linked DNA in all seven cases. Five of the reported rapes occurred between July 2015 and May 2017. Originally, all of the cases were believed to be unrelated. However, now evidence allegedly confirms that the victims may have been assaulted by the same man.

There are many different types of Georgia sex crimes. These types of crime can range from sexual battery to aggravated child molestation. In today's post and as a Georgia Sex Crimes Lawyer, I will focus today's post on the law behind rape in Georgia.

Rape in Georgia

Rape in Georgia is much more legally complicated that people tend to think. The law behind rape can be found 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.

There are some terms in the statute that need to be clarified. First, “carnal knowledge” is when there is any penetration of the female sex organ by the male sex organ. Next, “forcibly” means acts of physical force, threats of death or physical bodily harm, or mental coercion, such as intimidation. Then, “against her will” means without consent. 

By law, force does not have to be exerted by the use of physical violence, but can also be asserted through threats of which cause the female to give in against her will. Any consent that is induced through fear or intimidation does not amount to consent in law and does not prevent the intercourse from being considered rape. 

Most people tend to think of the criminal offense of statutory rape in Georgia when they hear of a rape case in the news. However, the two offenses are actually quite different. Statutory rape occurs when someone has sexual intercourse with a person under the age of 16. Georgia Law states that a person under 16 years of age cannot legally consent to sex. 

Rape is classified as a felony crime in Georgia. This means that if convicted of rape, an individual can face up to 25 years in prison or even a life sentence.

Practice Note

Sex Crimes in Georgia carry harsh punishments and negative prejudice from the community. Although a charge is not the same as a conviction, many people treat the two similarly. However, here at Lawson and Berry, we know that a charge is very different from a conviction.

In order to be proven guilty of an offense, you have to be proven guilty beyond a reasonable doubt. We understand just how complicated sex crime laws in Georgia are. If you or a loved one has been arrested or accused of committing a sex crime in the state of Georgia, contact a Georgia Sex Crimes Attorney today.

About the Author

Richard Lawson

Managing Partner at Lawson & Berry:


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