Cumming Rape Attorney
Understanding Rape Laws in Georgia
In Georgia, rape is only defined as a male using force to achieve vaginal intercourse with a woman, using his own “sex organ”, against her will. This highly specific legal statute can actually lend itself to strengthening a defense case. If rape, as it is defined in Georgia law, was not committed but another sex crime was instead, the charges could be drastically reduced along with any sentencing penalties.
What are the penalties for rape?
A person convicted of rape could be penalized with:
- Life in prison without parole
- Minimum sentence of 25 years plus lifetime probation
- Thousands of dollars in fines
- Capital punishment (extreme and violent circumstances)
I am Andrew J. Richman, a sex crimes attorney providing unparalleled representation to clients in Cumming, Dahlonega, and all of Georgia. I was once a prosecutor but have since turned my attention to the cause of upholding the rights of the accused and keeping our criminal justice system honest and fair. If you have been charged with rape, contact my firm as soon as possible. When you retain my services, you will be putting a legal powerhouse in your corner.
Effective Defense Strategies Against Rape Charges
Arguments that could reduce your charges include:
- No force was actually used to achieve sexual intercourse, even if the woman objected.
- The sexual intercourse that was achieved, even with force, was not vaginal.
- You did not achieve any sexual penetration with your own sex organ.
Other defenses that could prove valuable to your case could be:
- Misunderstanding: A common and truthful theme in rape defense cases is that the man did not know that consent was not given. Without clear, open communication in a relationship, misinterpretations of words and body signals could lead to inadvertent conflict. The law often holds that a man should not be convicted of rape if there was no intent to violate the law.
- Intoxication: In line with arguing that the accusations are stemming from a misunderstanding, intoxication and impairment from drugs can make it remarkably difficult to comprehend the messages of another person.
- Fabrication: Rape accusations might also be based on no form of truth. If the alleged victim did not use a rape kit provided by a physician or did not show any signs of abuse, it could indicate that no force or lack of consent existed during sexual intercourse. Fabricated accusations often originate in cases where the woman wants to seek quick revenge on a former partner or current husband.
Contact My Firm for Trusted Sex Crime Defense in Cumming, GA
I have handled thousands of criminal cases throughout my years of legal practice. When you need a trustworthy Dahlonega criminal defense attorney with a track record of success, you need to look no further than myself. Call my firm at 678.829.2826 or use a free online case evaluation form to begin.
