Rape and Sexual Assualt
If you have been accused of rape in Georgia you are facing a lengthy prison sentence and be on the path of Georgia's "three strikes law". You need to be proactive in fighting charges.
Regardless of the circumstances, if you stand accused of committing a rape or sexual assault the police and prosecutors are working to convict you - they don't work to prove you're innocent. Hiring an experienced Atlanta rape lawyer to represent you gives you a skilled advocate who will meet with prosecutors and police to handle the matter.
Even if you're dealing with false accusations your reputation and freedom are at risk. Whether the person claims assault from online dating, marital rape, or you're caught with a person dealing with regret, embarrassmnet or mixed communications in a moment of passion, we can help you. If you think you can simply explain the situation to the police you're only helping them build a case. You need an experienced sex crimes lawyer.
Lawrence is proactive not reactive. He started on the case the day I met him because time was of the essence. They gathered every piece of evidence that was out there as soon as possible and used it perfectly. Rape accusations are hard to get out of but Lawrence was able to saved me and my future.
Rape Laws in Georgia
Rape (Not a Minor), O.C.G.A. 16-6-1
In Georgia, rape is defined as a man having "carnal knowledge" of "a female forcibly and against her will." Relative to rape accusations, carnal knowledge is specifically defined as "penetration of the female sex organ (vagina) by the male sex organ (penis).".
Rape charges may be brought on people for "marital rape" where a person is accused of forcing their spouse to engage in sex against their will. Rape and related sexual assault charges can be brought for acts involving people of the same sex (or gender).
Rape in Georgia is defined as follows:
- (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) 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. Any person convicted under this Code section shall, in addition, be subject to the sentencing and punishment provisions of 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, O.C.G.A. 16-6-3
Statutory rape can become a complex matter as it can involve other sexually related criminal charges such as child molestation, sex trafficking, and more. Per Georgia Code O.C.G.A. 16-6-3, having sexual intercourse with a person under 16 years of age can bring charges for statutory rape, even if the other person admits it was consensual.
Georgia does have "Romeo and Juliet Laws" which address consensual sex between minors. Per these laws, if the victim is 14-16 years of age, and the accused is 18 years old (or no more than four years older than the victim), he or she will only face misdemeanor charges.
The law on statutory rape in Georgia is as follows:
- (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
Punishment for Statutory Rape depends on certain circumstances, and can be a misdemeanor or a felony crime. Statutory rape if the accused is over 21 years of age is usually 10-20 years in prison. If a defendant is under 18 years of age, and the victim is 15-16 years old the charge can be a misdemenaor with incarceration up to one year in County jail.
Are You Facing Rape or Sexual Assault Charges?
If you are facing rape or sexual assault charges in Georgia you need to hire a lawyer as quickly as possible. If convicted your sentence will be harsh, and your ime in prison will be extremely dangerous. Attorney Zimmerman is a leading Atlanta rape attorney and sexual assault lawyer. Attorney Zimmerman can provide you with a solid defense built on his expertise, commitment, and knowledge of defense strategies that work.