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Date Rape

Date rape occurs under different circumstances than other types of rape, but Georgia makes no distinction for it in the state statutes.

Date rape is a different type of rape that we see in the headlines more and more today. Unlike other types of rape, which involve someone attacking a stranger and raping them, date rape occurs between two people who already know each other. The people may be friends, or they may have actually been on a date when the alleged incident occurred. Date rape is also a controversial area of rape because while one person may believe consent was given, another may not, or may not have expressly stated that he or she was not interested in sex.

Being accused of date rape can ruin a person’s reputation, strain a person’s relationship with his or her family and friends, and even cause a person to lose his or her career. It is for this reason that anyone who is charged with date rape must speak to an Atlanta criminal defense lawyer for help with the case.

The Definition of Rape Under Georgia Law

Georgia does not have any legal statutes that specifically deal with date rape. As such, this type of rape is handled the same as any other type of rape, legally speaking.

In Georgia, the legal statute defines rape as a man having ‘carnal knowledge’ of a woman that is forced and against her will. Carnal knowledge is also defined as penetrating a female’s vagina with the man’s penis. Under the same statute, having sexual relations with any female under the age of 10 is also considered rape.

Date rape, also just like other types of rape, has very severe consequences if convicted. The penalties for a conviction will most certainly involve jail time, the possibility of high fines, and a requirement to register on Georgia’s sexual offender registry.

Defenses to Date Rape

Being charged with date rape is certainly very scary. However, a solid defense can help those accused beat the charges.

Consent is the main defense used in date rape cases. If the accused can show that the alleged victim consented to the sexual intercourse, they may be acquitted of the crime.

The defense of consent brings up many unique issues in date rape cases than it does in other rape cases. There are issues of legitimate misunderstandings, when the consent was given, when it was retracted, how the lack of consent was communicated, and assumptions made on the history of sexual contact between the two individuals. A defense lawyer can help those accused overcome all of these issues.

Have You Been Charged with Date Rape? Call Our Georgia Criminal Defense Lawyers

All cases of date rape are complex. They require a thorough knowledge of the law, and how to argue the defenses available. If you are facing charges of date rape, call our Atlanta criminal defense attorneys at Ghanayem & Rayasam. We will review your case and build a defense to give you the best chance of beating the charges. Call us today at (404) 561-0202 or contact us online to schedule a meeting with one of our attorneys.