A woman in her early twenties reported a rape in downtown Athens this past weekend.
The victim, a student at the University of Georgia, said that thee attacked occurred in the early hours of the morning near the intersection of Dearing and Church.
As a Georgia Sex Crimes Attorney, I will outline the law behind the offense of rape in the state of Georgia as well as provide a closer look at the elements behind the law itself.
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.
If you or a loved one has been accused of committing any one of the various sex crimes in Georgia, call our offices now. We can help you with your charges today.