Athens Rape Defense Lawyer

Athens Rape Defense Attorney

Rape is a serious charge. If you’ve been accused of raping someone, you need to hire an Athens rape defense lawyer who can help you understand the charges, collect evidence, and build a solid defense strategy. The Fleming Firm has assisted clients in Athens and the surrounding area in situations similar to yours and is ready to help you, too.

Trust The Fleming Firm

Facing rape charges is scary, but you don’t have to go through this difficult time alone. Seek legal counsel from The Fleming Firm. Our team has extensive experience defending clients against rape charges with effective rape defense strategies. We can help you evaluate the prosecution’s case and develop an effective way to fight against it or, if applicable, negotiate a plea deal on your behalf.

Why Hire a Rape Defense Lawyer?

In 2024, Athens, GA, had a forced rape rate of 58, or 45 per every 100,000 people. Georgia has a uniquely narrow definition of rape, as compared to other states, with different statutes defining other types of sex crime.

If you’ve been accused of rape or a related crime such as aggravated sexual battery or statutory rape, you need to hire a rape defense lawyer as soon as possible. A lawyer can help you understand the charges and the evidence being brought against you. Together, you can build an effective defense strategy. If necessary, your lawyer can help you negotiate a fair plea deal or provide you with courtroom representation at the Athens-Clarke County Superior Court.

What’s Considered Rape in Georgia?

Under Georgia Law, rape is defined as a man having carnal knowledge of a woman forcibly and against her will. It’s also considered rape to have penetrative sex with any female under the age of 10. Marital rape is included in Georgia’s rape statute. Under this definition, it’s not possible for a man to rape a man or a woman to rape anyone. Offenses involving multiple men or women as offenders result in charges of aggravated sodomy or sexual battery instead.

Penalties for Rape in Georgia

Rape is a felony in Georgia that is punishable by at least 10 to 20 years imprisonment. Rape charges often lead to life imprisonment or 25 years plus life on probation. All men convicted of committing rape have to register with the sex offender database.

Aggravated Sodomy Laws

Georgia defines sodomy as contact between a person’s sexual organs and another person’s mouth or anus. Consensual sodomy is not a criminal act between adults. Aggravated sodomy committed with force and against the will of the victim is a felony that can be punished by life in prison or 25 years in prison, followed by life on probation.

Statutory Rape Laws

Statutory rape is considered a different crime from rape in Georgia. It involves sexual contact with a person under 16 and does not require the use of force. Statutory rape is a felony punishable by 1 to 20 years in prison. If the defendant was over 21, there’s a mandatory minimum sentence of 10 years.

Romeo and Juliet Laws

Georgia has Romeo and Juliet laws in place to protect certain people against statutory rape charges. More specifically, if the defendant is 18 years of age or younger and is not more than four years older than the victim, who was between 14 and 16, it’s not considered statutory rape. This does not apply to forcible rape.

FAQs

What Should I Do Immediately After Being Accused of Rape in Athens?

Immediately after being accused of rape in Athens, you should hire an Athens rape defense attorney. Do not speak to anyone about the case without consulting your lawyer first. You are not obligated to answer questions without the presence of a lawyer, but anything you do say to investigators can be used against you in court. Even if the police say the conversation is “off the record,” decline and say, “I want to speak with my attorney before answering questions.”

How Does the Legal Process Work for Rape Charges in Athens, Georgia?

In Athens, Georgia, the legal process for rape charges involves a criminal investigation followed by potential prosecution in Superior Court. The victim is also entitled to file a civil claim against the defendant to recover damages. If convicted in criminal court, rape defendants can face lengthy prison sentences. It’s important to hire a defense attorney right away if you’ve been accused of rape.

What Defenses Can an Athens Rape Defense Lawyer Use to Challenge the Prosecution’s Case?

There are several defenses an Athens rape defense lawyer can use to challenge the prosecution’s case. They can argue that:

• The act was consensual.
• There is insufficient evidence to support the charges.
• The person was coerced into performing the act.
• The victim is making false allegations.

Your lawyer may also be able to prove that the investigating officers in the case violated your civil rights through the improper collection of evidence or testimony.

What Are the Potential Penalties if Convicted of Rape in Athens?

The potential penalties if convicted of rape in Athens are steep. You’ll face at least 25 years in prison followed by life probation. Depending on the circumstances of your case, you could also face life in prison without parole, or even the death penalty. If the defendant has a prior conviction for a sexual felony or the victim was under 12 years old, the court is required to impose life in prison or life with probation and electronic monitoring.

The Fleming Firm: Your Athens Rape Defense Lawyer

If you’ve been accused of raping someone, you need a skilled Athens rape defense lawyer on your side. These serious charges can carry significant penalties, so you don’t want to face them alone. You can trust The Fleming Firm to provide you with a robust defense against rape charges. We know how to handle rape defense cases with tact and professionalism, reducing your chances of facing the worst potential consequences of a conviction. Contact us to schedule a consultation.