Georgia Rape Defense Attorney - Frequently Asked Questions
How is Rape Defined in Georgia?
The state of Georgia defines the crime of rape (O.C.G.A. 16-6-1) as occurring when a man “has carnal knowledge” of either:
A female forcibly and against her will; or
A female under ten years of age.
The statute defines “carnal knowledge” as “any penetration of the female sex organ by the male sex organ.” Thus, according to Georgia law, rape can only be perpetrated by a male against a female. Sexual assaults by males against males or by females are not defined as rape. However, they can be charged as other offenses, such as sexual battery or aggravated sodomy.
To establish that a rape has taken place, it must be proven that the carnal knowledge took place “forcibly” and against the “will” of the victim. While these terms are not defined directly in the statute, their meaning has been established by years of precedent-setting court cases.
The term “forcibly” is understood to mean that the perpetrator used physical force, threats of death or bodily harm, or mental coercion. Even if there is no physical force involved, if a person uses fear or intimidation to induce a victim into having sex, the intercourse is not considered consensual.
The phrase “against her will” means that the victim did not consent. If carnal knowledge takes place when a woman is unable to give consent – due to intoxication, unconsciousness or the fact that she is asleep – it is considered to be rape.
In addition, it is impossible for children to legally give consent to sexual contact. The age of consent in Georgia is 16 years; thus, it is illegal for an adult to have carnal knowledge of anyone 15 years of age or younger. While sex with a young teenager may be charged as statutory rape, intercourse with a child 10 years or younger is considered so egregious it is automatically defined as rape.
In the past, the law did not recognize a rape as having occurred if the perpetrator and victim were married. However, the law has been changed and marital status is no longer a defense: A man can rape his wife in the eyes of the law.
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To speak with an experienced Georgia Rape Defense Attorney, just complete the form to the right or call The Berry Law Group right now at (404) 816-4440.