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Marietta Sexual Assault & Rape Defense Attorney

Marietta Sexual Assault & Rape Defense Attorney

SEXUAL ASSAULT AND RAPE CHARGES ARE VERY SERIOUS IN COBB COUNTY GEORGIA.

Like all charges in the U.S., there is of course the presumption of innocence, but the accusation of sexual assault or rape alone can lead to repercussions in someone’s personal and professional life. Furthermore, in addition to legal penalties, being convicted of certain sex offenses warrants registration on a sex offender registry.

That’s why it’s so important to have an experienced criminal defense attorney on your side if you’re facing these charges.

A Marietta sexual assault lawyer at Frye Law Group can provide essential legal guidance and defense strategies when facing serious sex offense charges. They can thoroughly investigate the facts of the case, challenge weak or improperly obtained evidence, and work to undermine the prosecution’s narrative.

With personalized attention, they ensure your rights are protected throughout the process, providing you with a strong defense every step of the way.

Frye Law Group is representing clients facing sexual assault and rape charges in Cobb County, Bartow County, Cherokee County, Fulton County, Paulding County, Dekalb County, and Douglas County.

Understanding Sexual Assault Charges in Cobb County, Georgia

The definition of sexual assault in Georgia is slightly different than in other states. Georgia defines sexual assault as sexual conduct when “a person who has supervisory or disciplinary authority over another individual.” For example:

  • A teacher having sexual conduct with a student
  • A probation/parole officer having sexual conduct with a parolee
  • A law enforcement officer having sexual conduct with someone in custody
  • A correction facility employee having sexual conduct with someone in the facility
  • A hospital or assisted living worker having sexual conduct with a patient
  • A counselor/therapist having sexual conduct with a patient

In all of the above situations, the consent of the victim cannot be used as a defense.

Rape Charges in Cobb County, Georgia

In Georgia, rape charges always involve a man being charged with the rape of a woman. Sexual offenses involving two men, two women, etc. that would normally be considered rape are classified as aggravated sodomy or sexual battery in Georgia.

Then what exactly constitutes rape in Georgia?

Rape is defined as “carnal knowledge” (sex) of a woman forcibly and against her will, or with a girl who is younger than 10 years old. Some common examples of specific types of rape include:

Consequences of Sexual Assault and Rape Charges in Cobb County Georgia

The penalties for rape are some of the harshest in Georgia law. These penalties may include:

  • Death
  • Imprisonment for life without parole
  • Imprisonment for life
  • A combination of imprisonment for no less than 25 years, and probation upon release

Punishments for statutory rape depend on the age of the victim.

If convicted of sexual assault, sentences may include a prison sentence of 1-25 years, a fine of no more than $100,000, or both. If the victim is under the age of 16, the offender may be sentenced to prison between 25 and 50 years, as well as face other punishments under sexual offender laws.

However, if the accuser is between the ages of 14 and 16, and the offender is 18 years old or younger, the charge will be considered a misdemeanor, but still applicable for punishment under sexual offender laws.

In addition to legal ramifications and jail time, many people convicted of rape and sexual assault suffer losses in their personal lives, as well. Plus, anyone convicted of certain sex crimes in Georgia is forced to register on the sex offender registry for certain periods of time, which can lead to barriers in employment, education, and housing.

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The Emotional Toll of Sexual Assault Accusations

Being accused of sexual assault can create profound emotional distress that affects every aspect of your life. Many individuals experience overwhelming anxiety, depression, and social isolation following such allegations. Your reputation—built over years or decades—may be severely damaged before any legal finding of guilt.

Professionally, you might face immediate suspension from work or educational programs. Personal relationships often become strained as family members and friends struggle with how to respond. These effects can manifest in sleep disturbances, inability to concentrate, and significant changes in daily functioning.

This is why having a compassionate legal team is crucial. At Frye Law Group, we understand the psychological burden you carry. Our attorneys provide not only legal defense but emotional support throughout the process. We maintain strict confidentiality while offering a judgment-free environment where you can speak openly.

We deliberately limit our caseload to ensure each client receives the personal attention they deserve during this difficult time. Your defense team should recognize you as a whole person—not just a case number—and demonstrate unwavering commitment to protecting both your legal rights and personal dignity.

Defense Strategies That Can Be Used in Marietta Sexual Assault Cases

In Marietta sexual assault cases, robust defense strategies are essential to challenging the prosecution’s case. One of the most effective approaches involves scrutinizing how evidence was collected. If law enforcement failed to follow proper protocols or violated the defendant’s rights during the investigation, such evidence could be excluded. For instance, if DNA or other forensic evidence was mishandled or if consent was not obtained for a search, the defense could argue that the evidence is inadmissible.

Another key strategy is exposing inconsistencies or contradictions in the prosecution’s narrative. In many sexual assault cases, the testimony of the accuser plays a significant role. An experienced defense attorney can carefully examine the accuser’s statements for discrepancies, presenting alternative explanations or suggesting that the allegations are false or exaggerated. This can be critical in cases where physical evidence is limited.

Additionally, demonstrating flaws in the prosecution’s handling of witness testimony or expert opinions can weaken their case. Cross-examining witnesses to reveal biases, gaps in memory, or questionable motives can help discredit the prosecution’s version of events. In some cases, the defense may bring forward their own expert witnesses to counter the prosecution’s claims, particularly in areas like forensic analysis or psychological evaluations.

These strategies, when employed effectively, can lead to reduced charges, a favorable plea deal, or even dismissal of charges.

FAQ

1. What Happens After Someone Is Accused of Sexual Assault in Georgia?
Once a person is accused of sexual assault or rape, law enforcement may begin an investigation that could include collecting evidence, interviewing witnesses, and questioning the accused. If probable cause exists, the person may be arrested and formally charged. The case will then proceed through arraignment, pre-trial motions, and potentially a trial. It’s important to note that being charged does not mean the person is guilty.
2. Can a Person Be Held Without Bond on a Sexual Assault Charge in Georgia?
Yes. In Georgia, certain serious sexual offenses—such as rape or aggravated sexual battery—are considered non-bondable until a Superior Court judge conducts a bond hearing. A judge will consider factors such as the defendant’s risk of flight and danger to the community before granting or denying bond.
3. What Is the Statute of Limitations for Rape or Sexual Assault in Georgia?
For rape, Georgia has no statute of limitations if the crime was reported to law enforcement or a prosecutor within seven years. For other sexual assault offenses, the statute of limitations may vary from 4 to 7 years depending on the circumstances and the age of the victim. These timelines are governed by O.C.G.A. § 17-3-1 and related statutes.
4. Does Georgia Require Physical Evidence to Convict Someone of Rape or Sexual Assault?
No. A person can be convicted based on witness testimony alone if the jury finds it credible beyond a reasonable doubt. However, physical evidence, such as DNA, surveillance footage, or medical records, often plays a significant role in prosecution or defense strategies.
5. What Are the Potential Penalties for a Sexual Assault Conviction in Georgia?
Penalties vary depending on the specific charge. A rape conviction in Georgia is punishable by a minimum of 25 years to life in prison, and in some cases, life without parole or the death penalty. Other sexual assault convictions may involve prison time, mandatory sex offender registration, probation, and other long-term consequences under Georgia Code Title 16, Chapter 6.

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Because of these consequences, hiring an attorney with expertise and drive is vital. At the Frye Law Group, we are prepared to help you defend your case and fight for the justice you deserve. Give us a call today to set up your case evaluation.

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What Should I Do If I Get Stopped For A DUI?

Contact Our DUI Attorney In Marietta, GA Today

REPRESENTING THOSE IN COBB, BARTOW, CHEROKEE, FULTON, PAULDING AND DOUGLAS COUNTIES.

Because you have such a limited amount of time to contest your suspended license and the seriousness of DUI charges in Paulding County Georgia, you should call an attorney as soon as you receive notice of your charge.

If you or someone you know has been charged with a DUI, contact our office at Frye Law Group today to begin your defense.

Got a DUI? Call 770-919-9525.

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