While rape is a serious offense, and a subject that shouldn’t be taken lightly, most of the allegations that we defend against are made by accusers who engaged in consensual sex with our clients.
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The allegations are made for a variety of reasons. Some are blatant lies, either to be vindictive, to cover up an affair, or to fend off embarrassment. Some of these accusers, however, honestly believe that they were raped, either as a result of being intoxicated or perhaps, from their perspective, they do not believe that they consented to sexual intercourse.
Our Georgia sex crime defense lawyers have years of experience defending sex crime cases in Georgia and know exactly what evidence will be needed to refute the rape allegation and prove that the sex was consensual.
Rape is defined as the carnal knowledge of a woman, forcibly and against her will.
The statute defines carnal knowledge as “any penetration of the female sex organ by the male sex organ.” Under Georgia law, a person is not guilty of rape if he reasonably believed that the accuser consented to the sexual intercourse.
Therefore, our job is to gather every bit of evidence that exists that will prove that our client honestly believed the sex was consensual. This often includes text messages, emails, social media, pictures, videos, and statements from witnesses who either observed or spoke with the parties prior to or after the sexual encounter. It is critical that our clients not delete any communications, messages, pictures or videos that they exchanged with the accuser. If this evidence does get deleted, we can often retrieve it with the assistance of a computer forensics expert.
Georgia’s Rape Shield Statute provides some exceptions under which evidence of the alleged victim’s “past sexual history” may be admissible.
According to O.C.G.A. § 24-4-412(b), if the court determines that the past sexual behavior “directly involved the participation of the accused and finds that the evidence expected to be introduced supports an inference that the accused could have reasonably believed that the complaining witness consented to the conduct complained of in the prosecution,” then the evidence may be admitted.
Section (c) also permits the introduction of evidence that is “so highly material that it will substantially support a conclusion that the accused reasonably believed that the complaining witness consented to the conduct complained of” if the court finds that justice mandates the admission of such evidence. When determining the issue of consent, the Rape Shield Statute only requires a reasonable inference that the alleged victim consented to sexual relations with the accused. The courts recognize that certain behaviors or verbal exchanges between the parties can indicate consent.
Prior to trial, the defendant must file a written motion notifying the court of his intent to introduce evidence of the alleged victim’s past sexual behavior. This motion will prompt the court to conduct an in-camera hearing outside the presence of the jury in order to examine the defendant’s proffered evidence.
Let an experienced sex crime defense attorney explain how to best demonstrate that sex was consensual. Call (404) 577-9557 for a consultation, or contact us online.
I was falsely accused and arrested. With no one in my corner and my back against the wall, I had no choice but to find the best attorney in Georgia to clear me from these charges.
Any woman who is 16 years or older can consent to sexual intercourse.
If a female is under the age of 16, she cannot consent to intercourse and the act may constitute the offense of statutory rape.
There are a number of issues that can affect a woman’s ability to consent to intercourse. The most common of these that we face in our cases is a woman who claims that she was too intoxicated to consent.
A woman’s intoxication can complicate a rape case.
If there is evidence a woman was intoxicated due to being given an intoxicating substance without her consent, then intoxication can be considered force as well as lack of consent. Common examples of involuntary intoxication include being slipped a date rape drug, such as flunitrazepam (Rohypnol), gamma-hydroxybutyric acid (GHB) or gamma-butyrolactone (GBL), and ketamine.
However, the more common scenario is where a woman claims to be raped while she was voluntarily intoxicated, such as after having several alcoholic drinks. When this occurs, the case can be tricky. The prosecution will seek to establish that she was too intoxicated to consent, such as if she was unconscious or unable to recognize sexual intercourse was occurring. Our job is to prove that while may have been under the influence of alcohol, she was than capable of consenting to sexual intercourse.
We can do this in a variety of ways. Most of our focus will be on the woman’s conduct prior to the sexual intercourse. We will talk to witnesses who can testify concerning the number of drinks she may have had, her conduct throughout the evening, her speech, her manner of walking, and any other facts that could help prove that the woman’s intoxication was not at such a level that rendered her mentally incapacitated.
We also want to expose how the woman was able to perform many functions that an incapacitated person would be unable to do. These can include ordering an Uber, texting with friends, posting to her social media accounts, or setting an alarm on her phone.
It is also important to explore the communications between the woman and our client both before and after the sexual encounter. This can often shed light on the woman’s feelings about the issue of consent and sometimes may help expose a potential motive to make a false allegation.
Another common motivation for false rape allegations is where the woman is seeking to cover-up the fact she cheated on her boyfriend or husband.
Many times, our clients have no idea that the woman was married or was dating someone. Therefore, this is something that we often have to learn as a result of our investigation.
Social media accounts are typically the easiest way to discover if a woman was in a relationship at the time. Talking to people who may know her is another great source of information. Many times, we’ve been able to see patterns in a woman’s phone records that show that she was in frequent communication with her significant other either before or immediately after the sexual encounter with our client. This evidence can extremely helpful in showing that the woman may have been lying and trying to cover up the affair. A lot of times, once the woman is then discovered to have been cheating by her boyfriend or spouse, she will claim that she was raped.
Learn how we can help uncover evidence about an accuser’s motives. Call (404) 577-9557 for a consultation.
We have successfully defended many clients accused of rape in Georgia and we’ve saved most of them from even being arrested.
The earlier we get involved after an allegation is made, the easier it will be for us to gather the evidence needed to prove the client’s innocence.
In a recent case, we were able to introduce a video that our client took, depicting he and the accuser engaging in oral sex. The video was taken just a few minutes prior to the sexual intercourse that was later alleged to be rape. This video became one of the most critical pieces of evidence proving that the allegations were false.
In another case, we were able to obtain video surveillance footage of our client and the accuser entering and then leaving his apartment building. On both the way up and the way down, the two of them were arm in arm. This was crucial evidence for our client since the accuser claimed that what transpired inside the apartment was a violent rape that left her with visible injuries. (Click here for more info)
We invite you to read Our Results page to learn more about how we’ve successfully defended many clients facing rape charges in Georgia.