Rape O.C.G.A. 16-6-1
What You Should Know about a Rape Case in Atlanta Georgia
Maybe you thought you were having a great time with a significant other. You could have taken things to the next level with someone you just met. Now you are charged with rape in Atlanta Georgia. This crime is described under the state law 16-6-1.
A Rape Charge in Atlanta Georgia is a Felony
According to the state statute 16-6-1, a person is guilty of rape when they a carnal knowledge of a female. Atlanta Georgia wrote the statute in a very complex way. Carnal knowledge is the penetration of an alleged victim sex organ by a male’s sex organ. This means a man had sex by penetrating her vagina without her consent.
The law outlines two ways a man has carnal knowledge of an alleged victim that is considered rape. The first is forcing a female to have sexual intercourse by force or against their will. The second way is by having sexual intercourse with a female less than 10 years old.
An Atlanta Georgia Rape Charge can Happen in a Variety of Ways
This charge can happen in many different situations. For instance, there could be stranger rape when you are accused of forcibly having sexual vaginal intercourse with someone you do not know.
Date rape occurs between adults who are in a romantic relationship or dating. This typically involves intoxication, alcohol, remorse and faulty memories. All these things may result in a criminal charge.
Marital rape may result in a criminal charge. Under Georgia law, marriage does not allow a husband to have sexual intercourse without his wife without her consent.
Is Statutory Rape and Rape in Georgia the same Charge?
No. Statutory rape typically does not involve forcible penetration of a female’s organ as defined under Georgia law. Instead, you are accused of having a sexual relationship with someone, a male or female, who cannot give consent. Their age prevents them from consenting even though they may agree to have a sexual relationship with you.
Rage occurs with force and without consent. The alleged victim can be any age.
Defending Yourself in a Rape Charge in Atlanta Georgia with Yeargan & Kert, LLC
You are not automatically guilty. You can fight this charge. This is your best option for defending yourself and avoiding criminal liability. There are a number of possible of defenses you can raise in your rape case including:
You had consensual sex with the alleged victim. Sometimes an alleged victim may agree and have consensual sex and later regret it. They may contend that it was rape later when it really was not. It will be up to you to prove that the alleged victim gave you consent to have sex. However, this is not a defense if the alleged victim is a minor.
You were falsely accused of the crime. An alleged victim may be motivated to make a fake allegation because of some nasty reason. Their motivation may be because of regret, revenge or jealousy. It could also be because of a divorce or a recent breakup. It is up to you to prove that you were falsely accused.
The alleged victim has a false memory of the events. Sometimes a person believes a rape occurred and it actually did not. You have to prove that the crime never occurred.
Lack of evidence. A prosecutor may not have the evidence to go to trial much less convict you of a crime. The evidence is needed to prove beyond a reasonable doubt that you are guilty of rape. If they do not have it, you have to call them on it. You may get the charge dropped.
No sex actually occurred. If you never had sex with the alleged victim, you have to prove it. The defense may include showing that you were not there when the crime allegedly occurred.
Mistaken identity. The alleged victim may have been raped, but not by you. The alleged victim could have mistakenly picked you out for whatever reason. Sometimes this can happen when you are at a party. The alleged victim was raped, but may not know who. Your face may be in their mind and they may connect you with the rape. You have to prove that you were not the one who raped the alleged victim. You were mistakenly identified.
Remember to tell the truth to your attorney about your version of the events. It will help you develop a great defense. The defense may even help you avoid trial by getting the charges dropped against you.
The Criminal Punishment for Rape in Atlanta Georgia
Atlanta Georgia has more than one criminal punishment for rape. You may face the criminal punishment of:
- Life in prison without parole
- Life in prison
- A split criminal sentence of 25 years to life in prison
Contact Yeargan & Kert, LLC about Your Atlanta Georgia Rape Charge
At Yeargan & Kert, LLC we are dedicated to using every legal resource we have to protect our client’s rights and interests. We understand just the mere allegations of rape can and will damage your reputation. Since we understand this negative result of a rape charge, we also:
- Conduct a thorough investigation to determine the best defense to use
- Shield you from public scrutiny
- Build a powerful defense designed to get the charge reduced or dropped prior to trial. It will also clear your name by proving your innocence to a jury or judge.
If you or a loved one was charged with rape in Georgia, contact Yeargan & Kert, LLC immediately. We will protect your legal rights and determine your best defense. You have too much to lose. Contact Yeargan & Kert, LLC today.