ALL claims of Rape are serious and no one should minimize anyone’s experience. However, occasions arise where someone, in an argument, will call the police to solve a problem between the two of them, which always results in an arrest.
There are multiple ways that the state (or prosecutor) can charge someone with Rape. A review of the Georgia Statutes show the requirements and how someone can be charged under the Rape Statutes.
The Georgia legislature defines and evaluates Rape as follows:
OCGA § 16-6-1
- 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. 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. 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.
- 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.
Can my Rape attorney give a defense to these charges?
You need the help of an experienced criminal defense attorney to help you with these charges. This charge can follow you for the rest of your life and WILL cause issues every time it “pops up.”
An experienced criminal defense attorney can help you fight and control how this Rape charge affects you in court and your future. As former prosecutors, our lawyers know and understand that the prosecution, or in almost every case – team of prosecutors, are highly skilled and trained to obtain and try to get a conviction on your case.
That means it’s time to hire an experienced attorney who knows how to evaluate both sides of the case. Our team of criminal defense lawyers are former prosecutors and know how to mount a proper defense for your charges.
Being charged with Rape or any criminal offense does not mean that you have to accept guilt. It means that you need help from an experienced attorney to mount a proper defense.
Our offices in Atlanta & nearby cities have a 24-hour response line (678-820-3936) and someone is available to answer your call and help. Call us now for a FREE case evaluation.