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Marietta Criminal Defense Lawyer
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Marietta Sex Crime Lawyer for Rape Charges

Fighting Rape Allegations in Cobb County

In the United States, one in every six women has been a victim of rape while one in every 33 men has been a victim. Georgia alone has an average of anywhere from 120 to 220 reported monthly rapes. From 1960 to 2011, statistics counting the number of rapes occurring in Georgia per year increased from 294 to 2,053. With statistics this high, we have experience in defending the cases of those involved in a rape conviction. If you have been involved in such an incident, there are Marietta criminal defense attorneys who may be able to help you.

Georgia's rape law states that the crime of rape is committed when a person performs any degree of penetration on a victim through the use of force, and without the victim's consent. Such force can be presented through the use of verbal and physical threat, intimidation, or physical harm. Sexual intercourse with a victim who is unconscious, sleeping, intoxicated, or mentally incapable of giving consent is considered to be rape. At times, the victim of rape is under the influence of drugs, alcohol, or both. This may confuse the offender into thinking rape is okay because the victim is unconscious or unable to give consent. Although this is the occasional situation, it is still an instance of rape.

Different Types of Rape

Throughout the United States, the age qualifying an instance of statutory rape varies from state to state. In Georgia, someone is convicted of statutory rape when they engage in sexual intercourse with a person under the age of 16, unless the two individuals happen to be married. Even if the person under the age of 16 is willing to partake in the sexual act, it is still against the law. If the older participant is not aware of the younger participant's age, conviction can still take place. This includes the younger participant lying to the older about their age; awareness of the actual age is irrelevant. While an individual convicted of statutory rape under the age of 21 can receive anywhere from one to 20 years imprisonment, a person 21 years or older can be given imprisonment anywhere from 10 to 20 years.

There is a difference between statutory rape and child molestation, although both involve individuals under the age of 16. Child molestation entails committing indecent acts to or in front of a child under the age of 16. In this situation, the intent is for the offender to arouse sexual satisfaction for themselves with the victim.

When it comes to marital rape, Georgia has strict laws that treat marital rape the same way as a rape between two strangers. When dealing with marital rape charges, claiming that the defendant is married to the victim cannot be used as a defense. Even if the victim and the defendant have previously had consensual sex, such as ex-spouses, this does not excuse forcing one into sexual intercourse against his or her own will.

Possible Sentences for a Rape Conviction in Marietta

In Georgia, rape convictions can be punished with 25 years to life imprisonment, with the possibility of life without parole. Georgia's rape law permits the use of the death penalty but has been overruled by the United States Supreme Court which has eliminated the death penalty for those charged with rape convictions. When and if an individual convicted of rape is released from imprisonment, they must remain on probation for the rest of their life.

Contact a Defense Attorney in Marietta

If you have been convicted with a rape charge, one of our Marietta criminal defense attorneys may be able to help you. Contact us today to find out what we may be able to do to help defend your case!

Stahlman Law P.C.
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Stahlman Law P.C. - Marietta Criminal Defense Attorney
Located at 301 Washington Ave, Marietta, GA 30060.
Phone: (888) 397-1860.
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