Marietta Rape Defense Lawyer

Defending Those Charged with Rape in Georgia

Sex crimes range from the not as serious crime of prostitution to the very serious crimes of rape. Allegations of rape are no simple matter. A conviction of rape will result in consequences that will drastically change your life. A lengthy state prison sentence along with the loss of your reputation with those you associate with will likely follow. Additionally, most individuals convicted of rape will be forced to register as a sex offender.

If you or a loved one has been charged with rape, a skilled and highly experienced Marietta criminal defense attorney can help you protect your rights by aggressively fighting the charges against you. The lawyers at the firm can perform a thorough investigation and challenge the allegations against you to keep you out of prison and help you avoid mandatory registration as a sex offender.

How Is Rape Described in the Official Code of Georgia?

Rape is described under §16-6-1 of the Official Code of Georgia. It describes an individual who commits the offense of rape, which is the force of sexual activity against the will of the other individual. When there is penetration of the other individual's sex organs by another person, the offender will be punished by death, life imprisonment or imprisonment for no less than ten years, depending on the specific circumstances. Statutory rape is described under §16-6-3 and describes the sexual intercourse of another person who is under the age of 16 and is performed by an individual who is not his or her spouse. The individual convicted of statutory rape will be punished by imprisonment for less than one to twenty years.

There are different types of rape which pertain to the different levels of severity of the crime. Forcible rape is the act of sexual intercourse with another that is not the perpetrator's spouse and is done against their will. In some circumstances, the victim was not able to give consent because of a disability or the action was done through an accomplice. When someone voluntarily aids another individual in the rape, this is called rape in concert. The act may have been accomplished using force or violence and was against the victim's will. Forcible rape is not the only type of rape, however. In cases were forcible rape was attempted but failed, these will be charged in the same manner as if they were successful. Incapacitated rape is used to describe rape that was done through the facilitation of drug or alcohol. It can also describe rape that occurs when the individual is too impaired to provide his or her consent.