Rape is the most severe sex crime in Georgia, and being charged with this offense can lead to serious consequences. Rape charges can result from engaging in forceful sexual penetration or intercourse with a minor or woman who is sleeping, unconscious, intoxicated, or otherwise unable to consent.
If you are under investigation or arrest for rape charges, you must take the case seriously and plan a compelling defense. A tenacious Carrollton rape lawyer can investigate and gather evidence to prepare a strategy and advocate on your behalf. Our understanding and hardworking sex crimes attorneys are ready to listen to your side of the story and help you protect your legal rights.
Under the guidance of the Official Code Georgia Annotated § 16-6-1, a man who knows and intentionally has sexual intercourse with an adult woman against her will or has sex with a female under ten is guilty of rape. The act involves using the male sex organ to penetrate the female sex organ without the woman’s consent. Regardless of marital or relationship status, the female must consent. Marriage is not a defense against rape, and when the elements of a rape charge are present, the state may file charges and seek a conviction.
Anyone found guilty of rape will face 25 years to life in prison. They will also have a felony listed on their permanent record and be forced to register as a sex offender.
The minimum age for legal consent in Georgia is 16, and minor children under that age cannot consent to sexual activity. A conviction for statutory rape could result in up to 20 years in prison, along with the requirement to register as a sex offender. A Carrollton rape attorney can assess the penalties you face and answer questions about your next steps.
Depending on the charges you face and the circumstances of your case, you might benefit from implementing a few different defenses to rape accusations.
A prosecutor proving lack of consent is a vital element of a rape case. To counter this, an experienced attorney could demonstrate the two parties in question are of sound mind and legal age, and they consented to sexual intercourse. Demonstrating the two parties agreed and the female did not withdraw their consent would mean the state has will have problems seeking a conviction.
In cases where the alleged rape victim went to an emergency room after sexual intercourse, a Carrollton lawyer can assess the available forensic evidence and attempt to challenge the state’s scientific evidence in court. Without evidence like DNA or other bodily material, the prosecution May be missing the type of evidence that a jury may want to hear about in trial.
The statute of limitations for prosecuting rape charges is 15 years from the date of the alleged offense. If the prosecutor does not charge an individual before this window expires, they have no legal cause to initiate criminal action. A proactive legal team member can call out any potential issues with the statute of limitations in a rape case and help you protect your future.
The statute of limitations for Rape charges in Georgia is, however, extended in some cases. When DNA evidence is used to identify a suspect in a Rape case then there is no statute of limitations – meaning that the prosecutor can initiate a prosecution at any time.
A rape conviction could mean serving 25 years to life in prison without any possibility for parole. It would also mean registering as a sex offender and living with many challenges, such as limited employment or housing opportunities.
When you face these charges, you may not understand how to best proceed. Knowing that a conviction could impact your freedom and your future can be a paralyzing thought. Call an experienced Carrollton rape lawyer to begin planning your defense strategy. Our legal team can listen to your side of the story and help you protect your legal rights.
J. Ryan Brown Law, LLC
J. Ryan Brown Law, LLC
