Rape is the criminal offense of having sexual intercourse with someone without their consent. Under the Georgia Code, date rape is not a specific offense, rather, it is a commonly used term to describe a rape that occurs where the perpetrator and the victim are not strangers. Often, the couple has some type of romantic relationship. Prosecutors in Georgia prosecute those accused of rape regardless of if they were strangers or acquaintances. This type of offense can be even more popular in a college town like Carrollton.

A sex crime conviction in Georgia can have significant penalties and it is in your best interest to rely on a legal professional. If you were accused of date rape, you have options. Our experienced rape defense attorneys understand the severity of these allegations and want to help you. We can review the evidence against you and recommend a defense based on the circumstances of your case. Talk to a Carrollton date rape lawyer about defending yourself.

Date Rape Under Georgia Law

As mentioned above, Georgia does not have a specific law criminalizing date rape. This type of sexual assault is treated in the same manner as any other rape allegation from a legal standpoint. Under O.G.C.A. § 16-6-1, rape occurs when a male’s sex organ penetrates a female’s sex organ forcibly and against their will or where the female is under the age of ten. The statute further provides that even if the accused and victim are married, it is not a defense to the charge of rape.  Date rape can occur regardless of whether the couple was on a first date or if they have been in a steady, long-term relationship. No matter the situation, someone can still be charged with the crime of rape when alleges sex was committed without their consent.

The crime of rape is a serious accusation, a conviction for date rape carries harsh punishments and other legal repercussions. Additionally, date rape cases can be complex given the couple’s relationship, the use of drugs or alcohol, and other factors. Be sure to consult an experienced Carrollton date rape attorney about your options and to better understand the charges against you.

Defenses to Date Rape Accusations

A date rape accusation is understandably, a stressful experience. However, a strong defense strategy can make all the difference. Consent is a common defense to rape allegations. If the person accused of date rape can demonstrate that the victim gave consent to the sexual activity they may be able to defeat the charges. In date rape cases, there are often issues of misunderstandings between partners, including:

  • When the consent was given;
  • If consent was retracted;
  • How consent was communicated;
  • Assumptions made based on the history of sexual contact between the two individuals.

A Carrollton attorney from our firm can assist someone accused of date rape by challenging these issues in court.

Speak With a Carrollton Date Rape Attorney

If you have been charged with date rape, the accusations should be taken seriously. Even if you believe it is a false allegation or misunderstanding, do not take the situation lightly. A conviction for date rape could mean mandatory sex offender registration, a minimum of 25 years in prison with no parole, and could impact your reputation for years to come. Our dedicated legal professionals can work to mitigate the impact of the charges.

Hire a Carrollton date rape lawyer to defend you. Our experienced attorneys can recommend a defense strategy and negotiate with prosecutors on your behalf.

J. Ryan Brown Law, LLC

J. Ryan Brown Law, LLC
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