The Crime of Rape
If you have been charged with the crime of rape in Georgia, it is important to understand the severity of the situation. Rape is one of the most serious crimes in Georgia and can result in significant legal penalties, including the death penalty. As we have stated before, Georgia is notorious for its harsh treatment of sex offenders. In the case of rape, prosecutors will work hard to hold perpetrators accountable. If prosecutors believe they can get a conviction, they try vigorously to obtain that guilty judgement and the subsequent harsh punishments.
As you can imagine, if a convicted rapist is released after prison, with such a criminal record, finding a job or even a neighborhood to live in would be extremely difficult. If innocent of these allegations, a conviction of this magnitude must be fought against with all possible skill and energy.
It is absolutely essential for individuals charged with sex crimes, especially rape, to find a lawyer who will fight to protect their rights. The criminal defense attorneys from Phillips Carson Phillips aggressively defend individuals in Savannah and the surrounding area against charges of sex crimes. We can advise you on your legal rights, defenses, and options. We will also be able to provide you with guidance on what to expect during the legal process.
What is the Crime of Rape?
A person commits the offense of rape when he has carnal knowledge of:
- A female forcibly and against her will; or
- A female who is less than ten years of age.
Carnal knowledge in rape occurs when there is any penetration of the female sex organ by the male sex organ. The fact that the person allegedly raped is the wife of the defendant shall not be a defense to a charge of rape.
The United States Department of Justice expanded the definition as “The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.”
Georgia’s code 16-6-1 further states the penalties as:
A person convicted of the offense of rape shall be punished by death, by imprisonment for life without parole, by imprisonment for life, or by a split sentence that is a term of imprisonment for not less than 25 years and not exceeding life imprisonment, followed by probation for life. Any person convicted under this Code section shall, in addition, be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7.
Defense Strategies
A strong defense is critical to help you fight against an unjust accusation of rape and protect your future. Some possible defenses against rape charges include: consent, mistaken identity, or lack of evidence or proof.
If we can prove that the sexual encounter was consensual, we may be able to argue that you did not commit a rape. Consensual sex is sex that is permitted by both people in the act.
In the case of mistaken identity, if we can demonstrate that you were not the person who committed the sexual assault, you could obviously argue that you are innocent.
If there is not enough evidence to prove beyond a reasonable doubt that you committed this crime, we may be able to argue that the charges should be dismissed for that lack of evidence. If it is a false allegation of rape, as skilled attorneys, we can work to expose any inconsistencies or contradictions in the accuser’s story.
At Phillips Carson Phillips, we understand the severity of rape charges and the devastating impact they can have on your life. We have a team of experienced attorneys who specialize in rape defense cases and have an in-depth understanding of the Georgia legal system.
The Savannah Criminal Defense Attorneys of Phillips Carson Phillips
One of the first things to look for when choosing a defense lawyer for a rape case is their experience. At Phillips Carson Phillips, we have that significant experience in handling rape defense cases. We have a proven track record of success.
Additionally, at a challenging time like being accused of such a heinous crime, effective communication between a client and his attorney is necessary and valued. We pride ourselves on being available, responsive, and able to communicate clearly and effectively both in and out of the courtroom. We listen to our clients to understand their version of the case and their concerns and then develop a defense plan that fits their situation.
Your best chance of avoiding conviction is to work closely with a trusted attorney from Phillips Carson Phillips who have the experience in defending against serious sex crimes. With Phillips Carson Phillips, we work tirelessly to protect your rights, fight for your freedom, and clear your name in court. Contact our office by calling (912) 232-0081 or using our online contact form to schedule a consultation today.