Rape

In Georgia, rape is defined as non-consensual sexual intercourse with another person. There are two types of rape that are recognized under Georgia law: forcible rape and statutory rape. Rape is one of Georgia's Seven Deadly Sins crimes.

It is important to note that both forcible rape and statutory rape are serious offenses in Georgia, and can result in significant fines and prison time for those who are convicted. If you have been accused of rape, it is important to seek legal counsel as soon as possible to protect your rights and defend against the charges.

Forcible Rape

Forcible Rape is a criminal offense that involves the use of force or threats of violence to engage in sexual intercourse with another person against their will. Forcible rape is punishable by imprisonment for life or for any term of years.

O.C.G.A. § 16-6-1 (2020) - Forcible Rape

Georgia Code O.C.G.A. § 16-6-1 (2021) specifically addresses forcible rape and statutory rape. The following is the actual law § 16-6-1 (2021) as it is written.

• 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.
• Carnal knowledge in rape occurs 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.
• b. 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. Any person convicted under this Code section shall, in addition, be subject to the sentencing and punishment provisions of GA Code Sections 17-10-6.1 and 17-10-7.
• c. When evidence relating to an allegation of rape is collected in the course of a medical examination of the person who is the victim of the alleged crime, the Georgia Crime Victims Emergency Fund, as provided for in Chapter 15 of Title 17, shall be responsible for the cost of the medical examination to the extent that expense is incurred for the limited purpose of collecting evidence.

Statutory Rape

Statutory Rape is a criminal offense that occurs when someone engages in sexual intercourse with a person who is under the age of consent. In Georgia, the age of consent is 16 years old. This means that it is illegal to have sexual intercourse with someone who is under the age of 16, even if the sexual activity is consensual. Statutory rape is punishable by imprisonment for no less than one nor more than twenty years.

O.C.G.A. § 16-6-3 (2021) - Statutory Rape

Georgia Code O.C.G.A. § 16-6-3 (2021) specifically addresses forcible rape and statutory rape. The following is the actual law § 16-6-3 (2021) as it is written.

• a. A person commits the offense of statutory rape when he or she engages in sexual intercourse with any person under the age of 16 years and not his or her spouse, provided that no conviction shall be had for this offense on the unsupported testimony of the victim.
• b. Except as provided in subsection (c) of this Code section, a person convicted of the offense of statutory rape shall be punished by imprisonment for not less than one nor more than 20 years; provided, however, that if the person so convicted is 21 years of age or older, such person shall be punished by imprisonment for not less than ten nor more than 20 years. Any person convicted under this subsection of the offense of statutory rape shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2.
• c. If the victim is at least 14 but less than 16 years of age and the person convicted of statutory rape is 18 years of age or younger and is no more than four years older than the victim, such person shall be guilty of a misdemeanor.

Defense Strategies for Rape Charges

Defending against rape charges in Georgia requires a careful review of the evidence, the timeline, and the specific facts surrounding the allegation.

A defense lawyer may challenge whether the state can prove lack of consent, examine whether witness statements are consistent, and look for text messages, social media posts, or other communications that support the defense version of events.

In some cases, the defense may also question the credibility of forensic evidence, argue mistaken identity, or show that police made errors during the investigation.

Because rape charges carry severe penalties and long-term consequences, a focused defense strategy can make a significant difference in the outcome of the case.

Rape Punishments

A conviction for rape in Georgia carries some of the harshest penalties in Georgia's criminal code. Depending on the facts, the court may impose life imprisonment, life without parole, or a long prison term followed by probation. A conviction also requires sex offender registration. This means hindrances on where a person can live or work. It can create lasting damage to reputation and personal relationships.

First Offender Act: Defendants charged with rape are not eligible for first-offender probation or alternative sentencing programs.

Georgia Law: O.C.G.A. § 16-6-1 - 16-6-3

Click the following link to see the full law for Rape in Georgia. The circumstances of your situation may allow your lawyer to fight for dismissal or changing the charge to a lesser offense. Always keep in mind, an arrest is not a conviction.

Contact a Rape Attorney

If you are being investigated for, or charged with, rape we recommend calling our law firm as soon as possible. We understand the urgency of the matter, and respond quickly to all calls and online inquiries to hire a criminal defense lawyer. Get control of your situation. Call 678-880-9360 to schedule a free consultation with a criminal defense attorney.