Rape is a serious crime in Dekalb County. 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.
If you are charged with Rape in Dekalb County, you will be brought over before a Magistrate Judge within the first 72 hours of your arrest. This judge will not set a bond on Rape. You will need to have a bond motion filed before a Dekalb County Superior Court judge.
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.