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Sex Crimes

Rape Offenses

What is Considered Rape?

In Georgia, rape is defined as the act of non-consensual sexual intercourse with a person by the use of force, threat of force, or coercion. It is a serious crime that is punishable by imprisonment. In Georgia, the definition of rape includes both male and female victims and perpetrators. It also includes instances in which the victim is incapable of giving consent due to being physically or mentally incapacitated, as well as instances in which the perpetrator has a position of authority or trust over the victim, such as a teacher, employer, or healthcare provider. It is important to note that consent must be freely given, and that the use of drugs or alcohol can impair a person's ability to give consent.

Statutory Rape

In Georgia, statutory rape is defined as sexual intercourse with a person who is under the age of 16. It is a crime in Georgia to engage in sexual intercourse with a person under the age of 16, even if the sexual activity was consensual. Georgia law does not recognize the concept of "consensual statutory rape," and the age of consent in Georgia is 16. This means that it is illegal to engage in sexual activity with a person under the age of 16, even if that person agrees to the activity.

Statutory rape is a serious crime in Georgia and is punishable by imprisonment and fines. If you have been the victim of statutory rape or have information about someone who is engaging in statutory rape, it is important to report it to the authorities as soon as possible. You can contact the police or a local crisis center for help and support.

Forcible Rape

Forcible Rape is a criminal offense that involves the use of force or threats of violence to engage in sexual intercourse with another person against their will. Forcible rape is punishable by imprisonment for life or for any term of years.

O.C.G.A. § 16-6-1 (2020) - Forcible Rape

Georgia Code O.C.G.A. § 16-6-1 (2021) specifically addresses forcible rape and statutory rape. The following is the actual law § 16-6-1 (2021) as it is written.

  • a. A person commits the offense of rape when he h
  • as carnal knowledge of:
  • 1. A female forcibly and against her will; or
  • 2. 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.
  • b. 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.
  • c. When evidence relating to an allegation of rape is collected in the course of a medical examination of the person who is the victim of the alleged crime, the Georgia Crime Victims Emergency Fund, as provided for in Chapter 15 of Title 17, shall be responsible for the cost of the medical examination to the extent that expense is incurred for the limited purpose of collecting evidence.

Statutory Rape

Statutory Rape is a criminal offense that occurs when someone engages in sexual intercourse with a person who is under the age of consent. In Georgia, the age of consent is 16 years old. This means that it is illegal to have sexual intercourse with someone who is under the age of 16, even if the sexual activity is consensual. Statutory rape is punishable by imprisonment for no less than one nor more than twenty years.

O.C.G.A. § 16-6-3 (2021) - Statutory Rape

Georgia Code O.C.G.A. § 16-6-3 (2021) specifically addresses forcible rape and statutory rape. The following is the actual law § 16-6-3 (2021) as it is written.

  • a. A person commits the offense of statutory rape when he or she engages in sexual intercourse with any person under the age of 16 years and not his or her spouse, provided that no conviction shall be had for this offense on the unsupported testimony of the victim.
  • b. Except as provided in subsection (c) of this Code section, a person convicted of the offense of statutory rape shall be punished by imprisonment for not less than one nor more than 20 years; provided, however, that if the person so convicted is 21 years of age or older, such person shall be punished by imprisonment for not less than ten nor more than 20 years. Any person convicted under this subsection of the offense of statutory rape shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2.
  • c. If the victim is at least 14 but less than 16 years of age and the person convicted of statutory rape is 18 years of age or younger and is no more than four years older than the victim, such person shall be guilty of a misdemeanor.

If you are being investigated for, or facing sexual assault or sexual battery charges in Georgia we recommend calling our law office as soon as possible. We understand the urgency of the matterand your need to hire a criminal defense lawyer. To get control of your situation CALL 404-351-3000 for a CONFIDENTIAL APPOINTMENT with a defense attorney in Cobb County GA.

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A Sears employee claimed she observed a grandfather molest his foster grandson. The DAs office was relentless in their pursuit of him. During Mr. Zimmerman's cross-examination of the lead detective, the jury started laughing at the detective's answers and the judge ordered Mr. Zimmerman to only ask a few more questions because the detective was being beaten up so badly.
Not Guilty on all counts of child molestation including a directed verdict of May 2019.

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Client charged with Rape in Cobb County. Our office conducted a major investigation including interviewing the alleged victim several times. We discovered a problem with the Spanish-to-English translation of our Client’s confession. On the morning of trial, the prosecution dismissed the rape charges resulting in our client’s release from jail.
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Child Molestation

Client charged with eight counts of Child Molestation in Fulton County Superior Court. Our office intervened early and conducted an extensive investigation. The District Attorney’s Office agreed and our client pleaded guilty to one count of misdemeanor Disorderly Conduct with all other charges being dismissed.
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Child Pornography - Federal Charges

Our client was charged with having thousands of images of child pornography on his computer after the FBI raided his home. He confessed to the crimes. We challenged the United States of America's case by litigating novel legal issues. The result was a greatly reduced sentence - 46 months as opposed to 108 months called for by federal sentencing guidelines