In general, rape is unlawful sexual intercourse against a victim’s will or without their consent. Rape can also occur with the victim’s consent if the consent was gained using:

  • Violence
  • Fear
  • Fraud
  • Menace
  • Duress
  • Force

How Is Rape Defined in Georgia?

Under Georgia law, a person commits the crime of rape when they obtain carnal knowledge of a woman through force and against the victim’s will. Rape is also committed in the state when a person has carnal knowledge of a female under the age of 10 years old.

What Is Carnal Knowledge?

In the context of rape, a male obtains carnal knowledge of a female when the male’s sex organ penetrates the female’s sex organ.

Will I Get in Trouble If the Woman I Am Accused of Raping Is My Wife?

Yes. Marital rape occurs when a person has sexual intercourse with their spouse without the spouse’s consent. In Georgia, the fact that the victim was the defendant’s spouse is not a defense to rape.

Is a Rape Charge in Georgia the Same as a Statutory Rape Charge?

No, rape and statutory rape are two separate crimes. Statutory rape is the crime of engaging in sexual intercourse with any individual who is under 16 years old and not the perpetrator’s spouse. Whether the victim gives their consent or not is immaterial, as the victim cannot legally give consent even if they claim that they understand to what they are agreeing. Rape occurs when the victim has not consented to sex, regardless of age, or where the victim is a young child, far younger than the age of 16, and likely does not fully understand the concept of sex.

What Is the Punishment for Rape?

According to Georgia law, the punishment for rape includes:

  • Death
  • Life in prison without parole
  • Life in prison with parole
  • A split imprisonment sentence of 25 years to life, wherein the convicted person will be subjected to probation for life once they leave prison

Do I Need a Lawyer?

Legal representation is an absolute necessity if you are being charged with rape because a conviction can result in the death penalty. Contact a Georgia lawyer immediately to seek help with your rape charge.