Have You Been Charged With Rape in Atlanta?
Rape is one of the most serious sex crimes for which a person can be charged, and its potential punishments are correspondingly harsh. A conviction for rape can lead to decades – or even the rest of your life – in prison, a lifetime on probation, and registration as a sex offender. On top of that, you could become a pariah in your community and face estrangement from your family.
The life-altering consequences of a rape conviction demonstrate the critical importance of getting an experienced, aggressive attorney on your side. Rape cases are often complicated, and the prosecution bears the burden of proving the crime beyond a reasonable doubt. Kimberly Berry will do everything in her power to prove your innocence and get you the best outcome possible.
Definition of Rape in GA
The crime of rape is defined by Georgia law (O.C.G.A. 16-6-1) as when a male “has carnal knowledge” of either a female “forcibly and against her will” or of a girl under the age of ten years. “Carnal knowledge” is defined as “any penetration of the female sex organ by the male sex organ.” The word “forcibly” encompasses, but is not limited to, the use of physical force. Courts have found that using intimidation and threats of bodily harm also constitute “forcing” the victim into sex. The phrase “against her will” means that the victim did not consent. This may mean that the victim said no or tried to fight off the sexual contact. However, it can also mean that the victim was unconscious, asleep, or intoxicated and, thus, unable to give consent. Furthermore, courts have found that consent given as a result of threats or intimidation is not true consent.
According to the statutory language, only men can be charged with rape and only women can be raped. The rape of a man by a woman or another man – or the rape of a woman by another woman – is still illegal, but will be charged as a different crime (such as aggravated sodomy). While the law used to excuse men for raping their wives, marital rape has been illegal in all states since 1993. Therefore, being married to the victim is not a defense for rape in Georgia.
Punishments for Rape In GA
The state of Georgia has particularly harsh penalties for the crime of rape. A conviction will be punished by a minimum of 25 years in prison and a lifetime on parole and a maximum of life imprisonment without the possibility of parole. The statute also allows for the death penalty, but execution for rape has been ruled unconstitutional and, therefore, is never applied. In addition, a convicted rapist must register as a sex offender, which can severely limit his job opportunities and limit the areas in which he can live.
What Can a Sex Crimes Lawyer Do For You?
The consequences of a rape arrest can be very serious, but an accusation will not automatically lead to you spending a huge chunk of your life in prison. A good attorney will make it her mission to get the charges dismissed, get the charges reduced to a less serious crime, or take the case to trial and win a not guilty verdict. Kimberly Berry has extensive experience dealing with prosecutors and winning court cases. She has handled many sex crimes cases, including those in which men were wrongly accused of rape, and knows the best strategies for fighting such charges.
Rape can be a difficult crime to prove, since there are often no witnesses to the event in question. Furthermore, these types of incidents often involve alcohol or drugs, which can affect perception and memory functions. Kimberly will use the extensive resources of her law firm to investigate every aspect of your case. She will dissect an accuser's story, analyze physical evidence, and promote your point of view with the prosecutors and/or jury. It will be her mission to present you as the wrongfully accused person that you are, rather than the dangerous criminal other may try to paint you as. Contact Kimberley today so she can get started on your defense.