Atlanta Rape Defense Lawyer

Experienced Defense in Georgia Rape Cases

Rape is a very serious offense in Georgia that carries with it serious consequences. If convicted, you could face prison time and be required to register as a sex offender. Even if you are innocent, you could still be accused of a crime you did not commit. This is why you need an experienced rape defense lawyer on your side. At Nick Lotito & Seth Kirschenbaum, we have handled thousands of cases, and we are ready to put our experience and skill to work for you.

If you have been accused of rape or sexual assault, contact our Atlanta rape lawyer as soon as possible. We are available 24 hours a day, 7 days a week, and will work around your schedule to find a time that is convenient for you.

Call us today at (404) 471-3177 or fill out our online form for a free case evaluation with an Atlanta rape defense attorney.

How is Rape Defined in Georgia?

Rape is a very serious crime in Georgia that is punishable by imprisonment and/or a fine. It is defined as the unlawful penetration of a person's vagina or anus with the perpetrator's penis without the victim's consent. Rape is a felony offense, and the penalties will increase depending on the circumstances of the case.

These circumstances could include:

• Age of the victim
• Use of a weapon
• Use of drugs or intoxicants
• Use of force or coercion
• Relationship to the accused

If the victim was a minor, penalties will be even more severe. Additionally, if you are a repeat offender, you could face even harsher penalties. As such, you need a skilled and aggressive attorney to fight these charges. Our Atlanta rape attorney can help you fight these charges and protect your future.

What Are the Penalties for Rape in Georgia?

The penalties for rape will vary based on the circumstances of the case, the age of the victim, and whether it is a first or subsequent offense. Penalties will also increase if the victim was a minor, if a weapon was used, or if drugs or intoxicants were involved.

First-time offenders can face the following penalties:

• Misdemeanor — 1 year in prison
• Felony — 10 years in prison
• Second-degree felony — 15 years in prison
• Aggravated felony — 25 years in prison

These penalties can be increased if the victim was a minor, if a weapon was involved, if drugs or intoxicants were used, or if the accused has a prior conviction. If you have been accused of rape, you need a skilled and aggressive lawyer on your side.

What Is the Statute of Limitations for Rape in Georgia?

Under Georgia law, the statute of limitations for rape is 10 years. This means that the state must begin prosecution within 10 years of the date of the alleged offense. However, this is not the only statute of limitations that applies. For example, if the victim was a minor at the time of the offense, the statute of limitations will not begin until the victim turns 18. Additionally, if drugs or intoxicants were involved, the statute of limitations will not begin until the drugs or intoxicants wear off. As such, it is important to have an experienced lawyer on your side.

What Is the Definition of Consent in Georgia?

Consent is a very important element in a rape case. If the victim did not give consent, the accused could face rape charges. However, what does consent mean? According to Georgia law, consent is permission for an act to take place. It must be voluntary and specific. If the victim does not verbally or physically give consent, you could be charged with rape.

The state of Georgia defines consent as:

• An actual agreement to the act; and
• Actual knowledge of the facts
• Actual agreement to the act

As you can see, consent can be difficult to prove. As such, you need an experienced attorney on your side. Our Atlanta rape lawyer can help you fight these charges and protect your future.

What Is the Difference Between Statutory Rape and Rape?

There is often confusion as to what constitutes as rape and statutory rape. In short, rape is defined as forced sexual intercourse. It does not matter if the victim is a willing participant. If the victim is unable to give consent, the accused could face rape charges.

Statutory rape, on the other hand, occurs when an adult has sexual relations with a minor. This is a separate crime that does not necessarily involve force. In many cases, the adult will claim that the victim consented, even though the victim was a minor at the time. As such, you need an experienced attorney on your side. Our Atlanta rape lawyer can help you fight these charges and protect your future.

Call us today at (404) 471-3177 or fill out our online form for a free case evaluation with an Atlanta rape defense attorney.