Legal Question in Sexual Harassment in Georgia

Is it considered rape for a sober woman to have sex with an intoxicated man?


Asked on 5/15/11, 2:51 pm

2 Answers from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Possibly.

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Answered on 5/15/11, 7:03 pm
Phillip M. Cook Cook Legal Services, LLC

No. The crime of rape only involves a woman as the victim. Here's the statute:

OCGA 16-6-1:

(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.

Best of luck.*****The above is for informational purposes only and does not create an attorney-client privilege.*******

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Answered on 5/16/11, 9:39 am


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