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.
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.
Georgia punishes rape more severely than almost any other crime short of murder.
Under § 16-6-1(b), the penalties include:
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.
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:
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.
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:
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.
Regret after the fact does not equal rape. But prosecutors may still pursue the case, especially if:
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.
They happen—more often than most people think.
We’ve seen clients falsely accused due to:
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:
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.
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.”
Trying to “explain” or “apologize” could make things worse. It could also lead to charges of intimidation or witness tampering.
No cryptic messages. No emotional venting. Everything you post can be screenshotted and used in court.
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.
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:
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.
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.
J. Ryan Brown Law, LLC
J. Ryan Brown Law, LLC
