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Rape is one of the most serious criminal charges a person can face in Georgia. A conviction carries not only life-altering penalties but also permanent social stigma. These cases are emotionally charged and often involve complicated facts, conflicting testimony, and intense media or community scrutiny. If you’ve been accused of rape under O.C.G.A. § 16-6-1, you need a skilled Newnan rape defense attorney who is prepared to challenge the evidence, protect your rights, and give you a real chance at a fair outcome.
At J. Ryan Brown Law, we defend people—not just cases. We understand what’s at stake when you’re facing a charge that carries possible life imprisonment. That’s why we put everything into building a strategic, aggressive defense grounded in the facts and the law.
Under Georgia Code § 16-6-1 (2024), a person commits the offense of rape if:
Carnal knowledge is defined as any degree of penetration of the female sex organ by the male sex organ—complete intercourse is not required. Importantly, Georgia law does not recognize spousal exemption in rape cases. That means a husband can be charged with raping his wife.
There is also a separate charge for statutory rape under O.C.G.A. § 16-6-3, which involves consensual sex with a minor under the age of consent. However, when the victim is under 10, the case is prosecuted under the much more severe rape statute.
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The penalties for rape in Georgia are among the harshest on the books:
The specific sentence depends on the facts of the case, any aggravating circumstances, and your prior criminal history. However, even a first-time offender may face mandatory minimum sentencing, especially if aggravating factors like violence or injury are involved.
If you’ve previously been convicted of a “sexual felony” (as defined in O.C.G.A. § 16-5-21), and are now facing a rape charge, you may face life in prison or a split sentence with lifetime probation and mandatory electronic monitoring.
Rape cases usually begin with a complaint to law enforcement, followed by a detailed investigation. This often includes:
These investigations are often one-sided in their early stages, with the accused treated as guilty before all the facts are in. If you are being investigated or have been arrested, do not wait to hire a lawyer. Having legal representation early can make a critical difference in protecting your rights and shaping the direction of the case.
A strong defense starts with a complete investigation and legal analysis. At J. Ryan Brown Law, we review every angle of the case, including:
If the alleged victim was an adult, the issue of consent is central. Many rape cases involve no physical evidence of force or injury. In such cases, the prosecution must prove beyond a reasonable doubt that the sexual activity occurred without consent. Our role is to identify inconsistencies in the accuser’s statements, examine prior relationships, and evaluate the full context of the interaction.
There are cases where accusations are motivated by revenge, regret, manipulation, or mental health issues. These are incredibly sensitive cases, but a careful and thorough defense may uncover motives to fabricate the allegations or evidence that directly contradicts the claim.
In some cases, particularly when the alleged incident occurs in the dark, during intoxication, or involves strangers, mistaken identity may be a viable defense. This is where evidence like DNA testing, alibi witnesses, or surveillance footage can be critical.
If there is insufficient physical or testimonial evidence to support the charge, the case may be vulnerable to a motion to dismiss or a favorable plea agreement. Rape charges require more than suspicion—they require proof beyond a reasonable doubt.
We examine how evidence was obtained. If the police violated your rights—such as conducting an unlawful search or coercing a confession—we may be able to suppress critical evidence and weaken the prosecution’s case.
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If you’ve been arrested for rape in Newnan, here’s what you can expect:
Each stage requires experienced legal counsel to ensure your rights are protected and your defense is presented with clarity and strength.
Yes. If convicted of rape, you will be required to register as a sex offender in Georgia for life. This registration includes:
Even an accusation—without a conviction—can severely impact your personal and professional life. That’s why it’s vital to have a defense team that understands how to manage both the legal and reputational stakes.
When your entire future hangs in the balance, you need more than a lawyer—you need a defense team that is relentless, strategic, and unafraid to challenge the prosecution head-on.
At J. Ryan Brown Law, we take a client-centered approach to criminal defense. We prepare every case as if it’s going to trial and take the time to explain your rights, outline your options, and support you through every step of the process. Our firm has defended clients facing Georgia’s most serious sex crime charges, and we bring both courtroom experience and investigative diligence to your case.
We know what you’re up against. Let’s talk.
If you’ve been accused of rape in Coweta County or the surrounding areas, time is not on your side. The sooner we can begin investigating your case, preserving evidence, and building your defense, the better your chances of avoiding the harshest outcomes.