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Legal Statutes: Georgia

UPDATED September 29, 2016

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Chapter 6. Sexual Offenses

back to top16-6-1. Rape

(a) A person commits the offense of rape when he has carnal knowledge of:

(1) A female forcibly and against her will; or

(2) A female who is less than ten years of age.

Carnal knowledge in rape occurs when there is any penetration of the female sex organ by the male sex organ. The fact that the person allegedly raped is the wife of the defendant shall not be a defense to a charge of rape.

(b) A person convicted of the offense of rape shall be punished by death, by imprisonment for life without parole, by imprisonment for life, or by a split sentence that is a term of imprisonment for not less than 25 years and not exceeding life imprisonment, followed by probation for life. Any person convicted under this Code section shall, in addition, be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7.

(c) When evidence relating to an allegation of rape is collected in the course of a medical examination of the person who is the victim of the alleged crime, the Georgia Crime Victims Emergency Fund, as provided for in Chapter 15 of Title 17, shall be responsible for the cost of the medical examination to the extent that expense is incurred for the limited purpose of collecting evidence.
Laws 1833, Cobb's 1851 Digest, p. 787; Laws 1866, p. 151, § 1; Laws 1960, p. 266, § 1; Laws 1968, p. 1249, § 1; Laws 1978, p. 3, § 1; Laws 1994, p. 1959, § 5; Laws 1996, p. 1115, § 1; Laws 1997, p. 6, § 2; Laws 1999, p. 666, § 1; Laws 2006, Act 571, § 8, eff. July 1, 2006; Laws 2011, Act 53, § 1, eff. July 1, 2011.