Update Georgia code 16-6-1:(Rape) to include Men & those incapable of consent.
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Please give a voice to survivors of sexual assault that don't yet have one under the current written law. In the state of GA, by law, a male can not be raped. The law also fails to include those who are incapable of consent because they are mentally, physically or intellectually incapacitated or those who are incapable of consent due to the consumption of alcohol or drugs. These laws must be revised. Rally your legislators to support these revisions to the law:
(a) A person commits the offense of rape when he/she has carnal knowledge of:
(1) A female or male forcibly and against his or her will; or
(2) A female or male who is less than ten years of age.
(3) A person who is incapable of consent because he/she:
1. is physically helpless; or
2. is mentally incapacitated; or
3. is an individual with an intellectual disability; or
4. is under the influence of alcohol or drugs
Carnal knowledge in rape occurs when an individual commits an act of sexual intercourse by force and without consent. The fact that the person allegedly raped is the spouse 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 law enforcement agency investigating the alleged crime shall be responsible for the cost of the medical examination to the extent that expense is incurred for the limited purpose of collecting evidence.
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