Marietta Sexual Assault & Rape Defense Attorney

Sexual assault and rape charges are very serious in Cobb County Georgia.

Like all charges in the U.S., there is of course the presumption of innocence, but the accusation of sexual assault or rape alone can lead to repercussions in someone’s personal and professional life. That’s why it’s so important to have an experienced criminal defense attorney on your side if you’re facing these charges.

Representing those in Cobb County, Bartow County, Cherokee County, Fulton County, Paulding County, Dekalb County and Douglas County.

Understanding Sexual Assault Charges in Cobb County, Georgia.

The definition of sexual assault in Georgia is slightly different than in other states. Georgia defines sexual assault as sexual conduct when “a person who has supervisory or disciplinary authority over another individual.” For example:

• A teacher having sexual conduct with a student
• A probation/parole officer having sexual conduct with a parolee
• A law enforcement officer having sexual conduct with someone in custody
• A correction facility employee having sexual conduct with someone in the facility
• A hospital or assisted living worker having sexual conduct with a patient
• A counselor/therapist having sexual conduct with a patient

In all of the above situations, consent of the victim cannot be used as a defense.

Understanding Rape Charges in Cobb County, Georgia

In Georgia, rape charges always involve a man being charged with the rape of a woman. Sexual offenses involving two men, two women, etc. that would normally be considered rape are classified as aggravated sodomy or sexual battery in Georgia.

Then what exactly constitutes rape in Georgia?

Rape is defined as “carnal knowledge” (sex) of a woman forcibly and against her will, or with a girl who is younger than 10 years old. Some common examples of specific types of rape include:

• Date rape
• Marital rape
• Statutory rape (sexual conduct with someone under the age of 16)

Consequences of Sexual Assault and Rape Charges in  Cobb County Georgia

The penalties for rape are some of the harshest in Georgia law. These penalties may include:

• Death
• Imprisonment for life without parole
• Imprisonment for life
• A combination of imprisonment for no less than 25 years, and probation upon release

Punishments for statutory rape depend on the age of the victim.

If convicted of sexual assault, sentences may include a prison sentence for 1-25 years, a fine of no more than $100,000, or both. If the victim is under the age of 16, the offender may be sentenced to prison between 25 and 50 years, as well as face other punishments under sexual offender laws.

However, if the victim is between the ages of 14 and 16, and the offender is 18 years old or younger, the charge will be considered a misdemeanor, but still applicable for punishment under sexual offender laws.

In addition to legal ramifications and jail time, many people convicted of rape and sexual assault suffer losses in their personal lives, as well. Plus, anyone convicted of certain sex crimes in Georgia is forced to register on the sex offender registry for certain periods of time, which can lead to barriers in employment, education, and housing.