The Law Behind Rape in Georgia

Daniel Richard See was arrested in Catoosa County after being accused of beating and raping a woman multiple times earlier this month.

According to reports, a woman with visible bruising and wounds reported the abuse to the local sheriff's office. Deputies reported that she had been held against her will by See at his house with a knife.

As a Georgia Sex Crimes Lawyer, I will outline the law behind rape in today's post. Rape is consistently misused in place of offenses such as:

• Sexual Assault in Georgia
• Statutory Rape in Georgia
• Sexual Battery in Georgia

I will outline the law as well as the consequences of a rape conviction if found guilty beyond a reasonable doubt.

Rape in Georgia

Rape in Georgia is defined by Georgia Law in O.C.G.A. §16-6-1 as:

(a) A person commits the offense of rape when he has carnal knowledge of:

(1) A female forcibly and against her will; or

(2) A female who is less than ten years of age.

Legally, carnal knowledge is defined as when there is any penetration of the female sex organ by the male sex organ.

The fact that the person allegedly raped is the wife of the defendant shall not be a defense to a charge of rape.

A person convicted of the offense of rape shall be punished by death, by imprisonment for life without parole, by imprisonment for life, or by a split sentence that is a term of imprisonment for not less than 25 years and not exceeding life imprisonment, followed by probation for life.

Practice Note

Sex crimes are serious. Convictions of most sex crimes lead to registration with the Georgia Sex Offender Registry. Other consequences have even more serious repercussions.

If you or a loved one has been arrested, contact our offices today.