Georgia Rape Defense Lawyer

The crime of rape is one of the most serious sexual offenses a person can be charged with. The punishment for a rape conviction is correspondingly serious: 25 years to life in prison and mandatory sex offender registration. If you have been accused of or charged with rape it is absolutely critical that you hire an experienced sex crimes defense attorney as soon as possible.

What Does Georgia Consider Rape?

The state of Georgia defines rape (O.C.G.A. 16-6-1) as occurring when a man “has carnal knowledge of” either:

• a female “forcibly and against her will” or

• a girl “who is less than ten years of age.”

The statute defines “carnal knowledge” as “any penetration of the female sex organ by the male sex organ.” Thus, according to Georgia law, only males can rape and only females can be raped. (Sex crimes in which the victim is male and/or the perpetrator is female fall under different categories, such as aggravated sodomy or sexual battery.) The law explicitly states that being married to the victim is not a defense.

The mandatory punishment for a rape conviction is severe: 25 years to life in prison. (The death penalty is also an option, but the constitutionality of this punishment is in question and execution is not really applied for rape anymore.) If a convicted rapist does gain release from prison, he will be on probation for life and must register as a sex offender.

While Georgia's rape statute doesn't define the phrase “forcibly and against her will” itself, years of court rulings have served to interpret these key terms. “Forcibly” can refer to physical force, but it can also mean intimidation and threats of bodily harm. If the victim doesn't fight back because she fears for her safety, forcible rape has still occurred. The phrase “against her will” means that consent for sex was not given. This can mean that the victim said no to the perpetrator. It can also mean that the victim was unconscious, asleep or too intoxicated to consent.

The bottom line is this: if a woman does not freely and consciously consent to sex, without being forced through physical or verbal threats or intimidation, rape has occurred.

Finding the Best Rape Defense Lawyer

If you have been wrongly accused or rape, the Berry Law Group is here to help. Being charged with such a serious crime may seem overwhelming, but there is hope. It is up to the prosecution to prove beyond a reasonable that you committed a crime. Kimberly Berry is a seasoned sex crimes defense attorney who has handled many cases in which men were unjustly charged with sex crimes. She will do everything in her power to show that reasonable doubt exists in your case and to get you the justice you deserve. While each case is different, see our Fighting Your Charges section for some common sex crimes defense strategies.

Contact the Berry Law Group for a free consultation and allow us to assess your case. We are here to listen to your story and to begin fighting for your future.