One of the Most Serious Felony Charges in Georgia—And the Stakes Couldn’t Be Higher
Being charged with rape in Georgia is one of the most devastating events a person can face. It doesn’t just put your freedom at risk—it can destroy your reputation, career, family, and future in a single moment.
Rape is considered a life sentence offense under Georgia law. That means even before a conviction, prosecutors, judges, and the media will treat you like you’re guilty. But under the law, you have rights—and at J. Ryan Brown Law, we fight to protect them.
If you or someone you care about has been charged (or even accused), here’s what you need to know about Georgia’s rape statute, the penalties, your legal defenses, and how to move forward.
What is Rape Under Georgia Law?
Under Georgia Code § 16-6-1(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.”
Georgia law defines carnal knowledge as any penetration of the female sex organ by the male sex organ—however slight. It does not require ejaculation or physical injury.
The law also makes it clear: being married to the alleged victim is NOT a defense.
In plain terms: if a woman claims the sex was forced or non-consensual, and the prosecution can show even minimal penetration, you can be charged with rape—even if you thought the act was consensual.
What Are the Penalties for Rape in Georgia?
Georgia punishes rape more severely than almost any other crime short of murder.
Under § 16-6-1(b), the penalties include:
- Life imprisonment without parole
- Life imprisonment with parole eligibility
- 25 years to life in prison followed by life on probation
- Death (in extremely rare, aggravated circumstances)
If the alleged victim is under 10 years old, or if the defendant has a prior conviction for a sexual felony, the court is legally required to impose life in prison or life with probation and electronic monitoring under Georgia Code §§ 17-10-6.1 and 42-8-35.
This is not a slap-on-the-wrist offense. It’s not a charge you “explain away.” The moment you are arrested for rape in Georgia, your life is on the line.
Can You Be Convicted Without Physical Evidence?
Yes, and many people are.
While DNA evidence and rape kits can play a role, Georgia law does not require physical evidence to convict someone of rape. A conviction can rest solely on:
- The alleged victim’s testimony
- Inconsistent or incriminating statements from the accused
- Text messages, social media posts, or other digital communications
In fact, many rape cases come down to one question: Did both people agree to have sex?
And when there’s no video or physical proof either way, it’s your word versus theirs.
That’s why your defense attorney must act fast to preserve evidence, locate witnesses, and challenge the State’s narrative before it becomes fixed in a jury’s mind.
Is Consent a Defense to Rape Charges?
Yes—if the alleged victim is over the age of 10 and the defense can show the act was consensual and not coerced.
However, proving consent is extremely difficult, especially when:
- The parties knew each other
- Alcohol or drugs were involved
- There are no clear communications before or after the act
What’s more, in emotionally charged cases like rape, jurors often start out sympathetic to the accuser—but with a well-prepared defense that clearly challenges the accusation and how it unfolded, you can shift the narrative and raise real doubt.
What If the Alleged Victim Regrets It?
Regret after the fact does not equal rape. But prosecutors may still pursue the case, especially if:
- The alleged victim’s account remains consistent
- There’s public pressure to “believe survivors”
- A relationship existed between the parties
Even if the alleged victim says, “I don’t want to press charges,” the State can (and often will) move forward without their cooperation.
This is why you need a defense team that knows how to fight back—strategically and aggressively—from the moment the allegation surfaces.
What About False Allegations?
They happen—more often than most people think.
We’ve seen clients falsely accused due to:
- Revenge after a breakup
- Misunderstood encounters
- Jealousy or manipulation
- Family pressure to explain a pregnancy
- Mental illness or suggestive questioning
But here’s the harsh truth: once the accusation is made, the system does not assume you’re innocent.
That’s why at J. Ryan Brown Law, we act immediately to:
- Secure digital evidence (texts, DMs, call logs, GPS)
- Track down witnesses who were present before or after the incident
- Challenge biased investigations or flawed interviews
- Expose credibility issues with the accuser
If the accusation doesn’t hold up, we build the case to prove it—and demand the charges be dismissed or the jury find you not guilty.
What Should You Do If You’re Charged with Rape in Georgia?
1. Do NOT Talk to Police
Even if you believe the sex was consensual. Even if you think you’re “clearing things up.”
Police are not neutral. They are gathering statements to build a case against you. Your words—even innocent ones—can be twisted.
Say this instead:
“I’m invoking my right to remain silent and I want an attorney.”
2. Do NOT Contact the Alleged Victim
Trying to “explain” or “apologize” could make things worse. It could also lead to charges of intimidation or witness tampering.
3. Do NOT Post on Social Media
No cryptic messages. No emotional venting. Everything you post can be screenshotted and used in court.
4. Hire a Criminal Defense Lawyer Immediately
This isn’t a charge you can navigate alone. You need a defense team that understands rape trials, Georgia sentencing laws, and how to dismantle emotionally driven prosecutions.
How J. Ryan Brown Law Fights Rape Charges in Georgia
We approach every case like the client’s life is on the line—because it is.
We dig deep into the facts, question the prosecution’s assumptions, and look for:
- Inconsistencies in the accuser’s story
- Motive to fabricate the allegation
- Delayed reporting or coached narratives
- Medical exams that don’t match the claim
- Texts, Snapchats, or photos that support your version
In some cases, we push for a dismissal before trial. In others, we go to war in court. But in every situation, we’re there to fight like your future depends on it—because it does.
Don’t Let an Allegation Become a Life Sentence
If you’re facing rape charges under § 16-6-1 in Georgia, there’s no room for delay and no room for mistakes.
Call J. Ryan Brown Law right now for a confidential consultation.
We’ll tell you the truth about what you’re facing—and exactly what it will take to protect your freedom, your record, and your future.
Author Bio
J. Ryan Brown
Founder
Ryan Brown is a Georgia criminal defense lawyer and trial attorney dedicated to defending the accused in Newnan and across the state. A graduate of Georgia State University College of Law, he has argued cases in Georgia Superior Courts, the Court of Appeals, and the Georgia Supreme Court. His memberships in the Georgia Association of Criminal Defense Lawyers and the Bleckley Inn of Court reflect his standing in the legal community.
Known for his relentless approach, Ryan is committed to protecting clients from the full power of the State. He builds strategic, fact-driven defenses designed to secure the best possible outcome, no matter the charge. When your future is on the line, Ryan Brown has the skill, experience, and determination to fight for you in court.
