Rape- Cobb County
Rape is a serious crime in Georgia. O.C.G.A. § 16-6-1 defines rape as follows:
- A person commits the offense of rape when he has carnal knowledge of:
- A female forcibly and against her will or:
- 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. Any penetration, however slight, is sufficient and can be proven by direct or circumstantial evidence. The fact that the person allegedly raped is the wife of the defendant shall not be a defense to a charge of rape.
How do you define “force” in a rape case in Georgia? Force means acts of physical force, threats of death or physical bodily harm, or mental coercion, such as intimidation. Lack of resistance, induced by fear, is force.
The elements of Rape in Georgia are 1) penetration, 2) force, and 3) against her will. If the person is underage, then force is implied. If the person is above the age of consent, but due to mental incompetence or severe intoxication, then finding of constructive force based on penetration.
The law on Rape in Georgia does not require physical injury or semen.
A person convicted of Rape can be punished by death, by imprisonment for life without parole, by imprisonment for life with the possibility of parole or by a split sentence that is a term of imprisonment for not less than 25 years and not exceeding life imprisonment to be followed by probation for life. Any person convicted of rape is subject to the sentencing provisions of O.C.G.A. §§ 17-10-6.1 and 17-10-7.
In addition, the person could be on the Sex Offender Registry for life.
A person convicted of rape can also be held to account for civil liability. Furthermore, if the rape was committed by the defendant while he was acting in his scope of his employment, his employer may also be held liable.
If you face charges in Georgia for Rape, it is imperative that you do not make any statements to law enforcement or to anyone else and immediately seek help from an experienced attorney handling Rape cases in Georgia. You must protect your rights and take this matter very seriously.
The statute of limitation for a prosecution of rape is 15 years.
Here is what you should do if arrested for rape in Cobb County.
- Hire an attorney – Make sure that attorney actually handles and tries rape cases. Most criminal defense attorneys do not handle rape cases. Make sure the attorney you talk to does regularly handles rape cases in Georgia.
- Avoid making any statements – Do not walk into the police department and profess your innocence. The police will not believe you. Do not think you can show up at your first court date and tell the prosecutor and judge that you are innocent and expect the charges to be dropped. If you are arrested for rape, you have to start preparing for your jury trial. Do not make any statements to anyone except your lawyer.
- Start gathering important evidence
- Gather and preserve any physical evidence in your possession that might relate to the child making the accusation. This includes clothing, photos, video or any other tangible object.
- Gather and preserve any documents that might relate to this accusation including emails, texts, social media, phone records, GPS records, computer records or any other document that might show where you were when this incident allegedly occurred.
- Witnesses – Immediately make a list of any person who you think might have information about this rape accusation. Do not discuss the case with this person but pass this list of potential witnesses to your attorney and let your attorney contact them.
Here is what you should never do if arrested for rape in Cobb County.
- Never talk to the alleged victim or the family.
- Never have any contact with the alleged victim through a 3rd party or through social media.
- Never talk to law enforcement without an attorney present.
- Never talk to a child welfare agency or any other governmental agency without an attorney present.
I would be happy to meet with you any time for a free consultation to discuss your case, your rights and your defenses to these allegations.
Call me at 404-581-0999 and let’s schedule a time to meet and discuss your case.
It is your life, your criminal record and you deserve the best representation possible.