Being accused of rape in Georgia can impact your life in a terrible way, and it can leave you feeling paralyzed with dread. It can be difficult to plan out your next move in the face of such accusations, but it is important to take action as soon as possible.
In order to protect your freedom and your reputation, you need to move quickly and get qualified legal help so you can deal with this crisis.
Understanding the Definition of Rape in Georgia
The first thing you should do is familiarize yourself with the definition of rape according to Georgia state law.
The state court defines rape as “a man having carnal knowledge of a female forcibly and against her will, or a female less than 10 years of age.” Carnal knowledge is essentially the penetration of the female sex organ.
Statutory rape is defined as any sex act with anyone who is less than 16 years old. Under Georgia state law, a person under this age cannot consent to sex.
You may have noticed that in Georgia, rape is defined as a crime involving a man and a woman.
This is because homosexual sex crimes are covered under slightly different laws. For the purpose of this article, we will focus on rape as it is defined in Georgia. A woman cannot be charged with rape under Georgia law.
The Consequences of rape in Georgia
If you are convicted of rape, you face serious consequences. Rape is a felony charge, and the death penalty is a possible outcome. You may also be sentenced to life in prison, or at the very minimum, 25 years behind bars then on the sex offender registry and probation for life.
Those convicted of statutory rape face a maximum sentence of 20 years in prison and minimum of 10 years if the accused is over 21 years of age.
These possible consequences illustrate the importance of getting expert legal help as soon as possible if you have been falsely accused of rape.
Prevalence of False Rape Accusations
While it might seem like the whole world is against you, the population at large is generally well-aware that false rape accusations are a regular occurrence. Unfortunately, this is a story we have heard again and again.
In 2020, a man was released from a Georgia prison after spending 18 years behind bars following a rape conviction. DNA evidence proved that he was innocent all along.
The exact number of false rape accusations is difficult to determine. One study published conducted from 2008 to 2014 found that about 4.5% of rape accusations in the Los Angeles area were false. Research conducted by the FBI in the mid to late 90s determined that 4% to 8% of all rape accusations were false.
Make no mistake – this does happen.
Taking Action: Contact Frye Law Group in Marietta, GA
Once you connect with a highly-qualified attorney, they will immediately begin the process of proving your innocence. It is important to choose an experienced criminal defense attorney who is familiar with this type of legal case.
One of the most important things about these cases is proving consent, and this is no easy feat.
While it might seem like it is simply your word against your accuser’s, a shrewd attorney can reveal the truth with a number of smart techniques.
For example, your criminal defense attorney may reveal that the accuser’s story does not make sense by exposing contradictory elements of the accuser’s testimony or showing that the testimony is generally unreliable.
At the end of the day, help is always available. Kim Keheley Frye is an experienced criminal defense attorney with the skills and experience necessary to protect you from baseless accusations.
If you need to protect your reputation and fight for your freedom, reach out to the Frye Law Group in Marietta, Georgia.