Criminal Defense Topics
Sexual Consent Laws in Georgia
Unfortunately for persons accused of non-consensual sex in Georgia, the State does not provide any clear-cut definition for lack of consent. This places the accused in a very challenging situation as they have to prove innocence against a completely arbitrary accusation.
What is Without Consent?
Sex without consent is effectively legally viewed as rape. "Without consent" generally means engaging in sexual activity with another person, but lacking words or actions that a reasonable person (jury) would believe conveys yes or indicates agreement. Actions that can cause a jury to believe the interaction was non-consensual include excessive intoxication or other means of impaired cognition, physical force, intimidation, blackmail, or other manners of coercion.
In addition to the factors listed above, having sexual relations with a person who is mentally challenged, sleeping, unconscious, or otherwise unable to respond or comprehend the situation is a huge legal problem.
If you've been accused of non-consensual sex or sexual assault you need to hire an experienced rape lawyer as quickly as possible. Our law firm has represented numerous clients charged with rape and sexual assault. We invite you to contact us to learn how we can help you. Call 770-956-1400 or contact us online to schedule a consultation with a Cherokee County criminal defense lawyer.