The terms “rape” and “sexual assault” are often used interchangeably in criminal and civil court. In Georgia, the law has two statutes related to rape:
When we review Georgia’s rape law, we see that it is rather narrowly defined. In this state, rape occurs when a person “has carnal knowledge” of either:
In these cases, carnal knowledge is defined as “penetration of the female sex organ by the male sex organ.” The definition of rape In Georgia is clearly defined based on a male raping a female.
Statutory rape in Georgia is defined as “sexual intercourse with any person under the age of 16 years and not his or her spouse.” Penalties for statutory rape depend on how old the perpetrator of the rape is. If the perpetrator is 18 years of age or younger, and no more than four years older than the victim, they are charged with a misdemeanor instead of a felony (punishable by no more than one year in jail). If the perpetrator is 21 years of age or older, they could be put in prison for between 10 and 20 years. A list of Georgia sexual assault and rape laws can be found on the RAINN.org victims advocate website.
As we mentioned above, the definition of “rape” under Georgia sexual assault and rape laws is generally defined as a man assaulting a woman (statutory rape can be either a man or woman perpetrating the assault).
Georgia sexual assault and rape laws are prosecuted differently among men and women. In Georgia, women cannot be charged with rape against a man in the traditional sense. Instead, if a woman sexually assaults a man, other charges will apply. One charge that could be applied in these cases includes:
No, these charges technically do not label an assault as rape, even if a reasonable person would define the actions as such. However, they do make these actions crimes, and the perpetrator should be charged accordingly.
In Georgia, the time frame to press charges for molestation depends on the circumstances and timing of the crime. If the incident involved child molestation and occurred before July 1, 2012, charges must be filed within seven years after the victim’s 16th birthday. For incidents that happened on or after July 1, 2012, there is no statute of limitations, meaning charges can be filed at any time. In cases where DNA evidence identifies the perpetrator, there is also no time limit for prosecution. Additionally, victims of child sexual abuse have until their 53rd birthday to pursue civil claims against the abuser
If you or a loved one have been a victim of a Georgia sexual assault or rape is vital to secure assistance from a qualified Atlanta sexual assault attorney as soon as possible. Generally, the earlier you secure assistance from an attorney, the more likely the evidence is to be preserved. Please keep in mind that there is generally a two-year statute of limitations in place for these cases. There are various factors that affect the time limits you have to file a case, so please let your attorney evaluate the case so you can move forward on securing justice and compensation for what happened to you.