24/7 Free Consultation:
(770) 977-6105

Atlanta Rape Lawyers

Fighting Rape Charges in Georgia

Generally, rape involves unlawful sexual intercourse with another person. Depending on the age of the alleged victim, rape can occur whether consent was given. In Georgia, this is a serious offense that can be punished by decades to life imprisonment. And in the most severe cases, by death. Merely being accused of rape can ruin your reputation and relationships, making it challenging to live your life. If you are convicted, you can face even harsher consequences, as you will have a criminal record and be required to register as a sex offender, both of which can affect access to various opportunities, including employment and housing.

At The Abt Law Firm we are aware of the impacts a rape accusation and conviction can have on your life. That is why we will do what is necessary to protect your rights and freedoms. Our Atlanta rape attorneys serve the people of Georgia facing accusations and fight hard through every step of the case. Providing personalized representation, we get to know our clients and listen to their sides of the story to build a custom defense strategy for them. We recognize that it can feel as if the justice system is stacked against you, and prosecutors, officers, and others have already decided that you are guilty, even though, in the eyes of the law, you are innocent unless proven otherwise. When you turn to us, you will have a zealous advocate on your side, ensuring that your voice is heard.

What is Georgia’s Rape Law?

Georgia's law concerning rape is OCGA § 16-6-1. It provides that the offense is committed when the male sex organ unlawfully penetrates the female sex organ.

For the conduct to be considered unlawful, it must have been done:

  • Forcibly and against the female's will, or
  • Against a female under 10 years of age.

In other words, a person commits the offense when they have sex with someone without consent or by causing the alleged victim to submit using force or threats.

Some situations do exist when, even when the sexual conduct was consensual, it can still be charged as rape. This occurs when the offense is committed against a person under 16 years of age. It is referred to as statutory rape (OCGA § 16-6-3).

If you are facing accusations in Georgia, contact our Atlanta rape attorneys as soon as possible. We will thoroughly examine and analyze the evidence against you as well as that in your favor to build a solid defense for you.

Consent and Intoxication in Georgia Rape Cases

The central issue in many rape cases is consent. Georgia law recognizes that consent must be given freely and without coercion. However, the question of consent becomes complicated when alcohol or drugs are involved.

Voluntary intoxication occurs when an individual willingly consumes alcohol or drugs. The prosecution may argue that the accuser was so incapacitated they could not make sound decisions or give valid consent.

Involuntary intoxication, such as being unknowingly drugged, entirely negates the ability to consent. These cases often include allegations of the use of substances like Rohypnol, GHB, or ketamine, commonly referred to as “date rape” drugs.

Defending against these claims requires a detailed examination of all evidence, including witness accounts, text messages, location data, and surveillance footage, to determine the level of capacity the accuser had to consent. At The Abt Law Firm, we approach these cases with precision and a deep understanding of the law to build your strongest defense.

Georgia Rape Shield Statute

Georgia’s rape shield law limits the ability of the defense to introduce evidence of the accuser’s prior sexual behavior. While this statute is designed to protect the alleged victim, it includes specific exceptions that can be critical to the defense. Evidence of prior sexual conduct may be admissible if it explains physical evidence, such as DNA or injuries, or demonstrates consensual relations between the accused and the victim.

Before trial, the admissibility of such evidence must be approved by the court. Leveraging this statute effectively requires strategic legal know-how from our Atlanta rape attorneys.

What is the Sentence for Rape in Georgia?

The conviction penalties for rape are severe and depend on the nature of the case.

Punishments for rape include:

  • Death,
  • Life imprisonment without parole,
  • Life imprisonment with eligibility for parole after serving at least 30 years, or
  • 25 years to life imprisonment, where the minimum term cannot be stayed or deferred

For statutory rape, conviction penalties include:

  • 1 to 20 years of imprisonment
  • 10 to 20 years of imprisonment if the alleged offender was 21 years of age or older

However, an exception to the statutory rape penalties exists. If the alleged offender was 18 years of age or younger and not more than 4 years older than a victim between 14 and 15 years of age, the crime is a misdemeanor.

When charged as a misdemeanor, statutory rape is penalized by:

  • Up to 12 months of incarceration and/or
  • Up to $1,000 in fines

Serious penalties can befall you whether you are charged with misdemeanor or felony rape. You can seek to avoid or minimize the sanctions by aggressively fighting your charge. Our Atlanta sex crime lawyers are prepared to work toward obtaining the best possible result on your behalf.

What Is the Sex Offender Requirement for Rape in GA?

In Georgia, rape is considered a dangerous sexual offense (OCGA § 42-1-12). As such, a conviction results in a requirement to register as a sex offender. That means the defendant would have to periodically report to their local law enforcement agency for the rest of their life.

The individual must provide personal information such as their name, address, place of employment, and vehicle make and model. Some of the information is entered into a publicly accessible sex offender registry, making it difficult for the individual to re-enter society.

If a sex offender provides false information or fails to report to their local law enforcement agency, they face serious consequences. A violation is a felony, punishable by 1 to 30 years of imprisonment.

What Is Georgia’s Statute of Limitations for Rape?

The statute of limitations refers to the amount of time the state has to commence prosecution for a criminal matter. Generally, a prosecutor has 15 years to pursue a forcible rape case. However, if a suspect was identified through DNA evidence or the victim was under 16 years of age, prosecution can begin at any time.

How Abt Law Can Help People Accused of Rape

At The Abt Law Firm we understand the serious nature of rape charges and the impact they can have on your life. Our team of experienced Atlanta rape lawyers is dedicated to fighting for justice and protecting your rights throughout the legal process.

When you choose us to represent you, you can expect:

  • Compassionate and confidential legal counsel
  • Thorough investigation of the facts and evidence
  • Strategic defense strategies tailored to your case
  • Aggressive representation in and out of the courtroom
  • Clear and open communication, keeping you informed every step of the way

We believe that everyone deserves a fair and thorough defense, and we will work tirelessly to ensure that your rights are protected. Our successful case results speak to our commitment to achieving the best possible outcomes for our clients.

If you or a loved one is facing rape charges, don't wait. At The Abt Law Firm, we are here to stand up for you in and out of court. No matter how complex your case is, we will examine every legal avenue to seek an optimal result for you.

Contact Experienced Atlanta Rape Lawyers

At The Abt Law Firm, LLC, we believe every individual is entitled to a strong defense. If you or someone you love is facing rape charges, time is crucial. Swift action allows us to gather evidence, challenge the prosecution’s claims, and build the foundation of your defense.

Our team is committed to standing by your side, fighting for your rights, and pursuing justice on your behalf. Contact us today to schedule a confidential consultation. No matter how complex your case, we’re here to help you take control of your legal battle and your future.

Send Us Your Case Details

Your defense starts here. Submit your case details through our confidential and secure form.
You Call,
WE PICK UP.

When your freedom is on the line, you can’t afford second-best, so make the decision to work with the best attorneys in Atlanta. Do it for you. Do it for your family.

The information on this website is for general information purposes only. Nothing on this site should be taken as advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute a client relationship.
uploadcrossmenuchevron-up linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram