Publication of Name or Identity of Female Raped or Assaulted with Intent to Commit Rape

While the First Amendment protects the right to free speech in a broad array of circumstances, it does come with limitations. For the most part, it is legal to inform the public about crimes that have been committed and to share the details of those crimes. However, Georgia and many other states have determined that it is illegal to publish the name or identity of any female who has been raped or is the victim of an assault with intent to rape. Legislatures across the country have determined that certain groups of victims, such as minors and sexual assault survivors, are in need of greater levels of protection from the public eye. Some believe that the social stigma historically placed on rape victims makes it necessary to protect their identities. Others argue that it is a basic matter of the privacy rights of victims outweighing the public's right to know the details of the crimes committed in their communities.

Whatever the reasons behind this law, a conviction for publication of name or identity of female raped or assaulted with intent to commit rape can carry harsh consequences. While some may view this offense as relatively minor, authorities in the state of Georgia take it seriously. If you are found guilty of this crime, you could serve time in prison and/or be forced to pay a hefty fine. It is important that you take steps to protect yourself as early in the legal process as possible. Kimberly Berry is an aggressive Georgia attorney who has years of experience dealing with prosecutors and advocating for her clients in court. Let her guide you through the legal process, explaining your options and protecting your rights at every point along the way. The sooner you contact the Berry Law Group, the sooner Kimberly can begin working to resolve your case.

Definition of Publication of Name or Identity of Female Raped or Assaulted with Intent to Commit Rape

Georgia law (O.C.G.A. 16-6-23) states that it is “unlawful for any news media or any other person to print, publish, broadcast, televise, or disseminate through any medium of public dissemination or cause to be printed and published, broadcast, televised, or disseminated in any newspaper, magazine, periodical, or other publication published in this state or through any radio or television broadcast originating in the state the name or identity of any female who may have been raped or upon whom an assault with intent to commit the offense of rape may have been made.”

The statute specifically states that this prohibition “does not apply to truthful information disclosed in public court documents open to public inspection.”

Punishments for Publication of Name or Identity of Female Raped or Assaulted with Intent to Commit Rape

A conviction for publication of name or identity of female raped or assaulted with intent to commit rape is considered a misdemeanor. It can carry a penalty of up to one year in jail and/or a fine of up to $1,000.

Why Do I Need a Sex Crime Defense Lawyer?

While the question of whether this crime has been committed seems pretty cut and dried, defenses are available to refute such charges. From time to time, courts have made exceptions to the prohibition against publishing the name of sexual assault victims, especially in cases in which they believe a legitimate public interest outweighs the victim's right to privacy. Furthermore, a good attorney will present you in a sympathetic light, demonstrating that you either acted with good intentions or made an honest mistake. Even if this does not lead to a dismissal of charges or a not guilty verdict, it may increase the chances of getting a more favorable outcome. Contact the Berry Law Group so Kimberly can review the specifics of your case and determine the best path forward for you and your family.