Trusted Gwinnett County Defense Attorneys For Rape Charges

Last updated on November 19, 2025

A rape or statutory rape charge is one of the most serious accusations a person can face. At Elbaz & Elbaz, LLC, we understand the gravity of these accusations and their impact on one’s future. If you or a loved one has been accused or is under investigation for rape or statutory rape, our criminal defense attorneys are ready to provide a tenacious, trial-ready defense.

Moreover, we will handle your case with complete confidentiality. After the first call, our lawyers will immediately begin investigating the facts and identifying weaknesses in the prosecution’s case.

How Georgia Law Defines Rape And Statutory Rape

In Georgia, rape is a sex offense involving sexual intercourse (which legally means any penetration) that either occurs by force and against the person’s will, or occurs with a female under the age of 10, even if force was not used. It is important to know that being married to the alleged victim is not a legal rape defense under state law.

Statutory rape, on the other hand, occurs when someone has sexual intercourse with a person who is under 16 years old and not their spouse. A person under 16 cannot legally consent to sex outside of marriage. This means that even if the younger person agreed to the act, it is still charged as a crime.

There is one specific, limited situation where authorities may charge statutory rape as a misdemeanor instead of a felony. This only applies if all of these conditions are met:

• The age of the victim is 14 or 15 years old.
• The defendant is 18 years old or younger.
• The age difference between them is four years or less.

Details matter. Our attorneys will carefully analyze the specific accusations and facts involved in your case to build a strong defense strategy.

What Is The Sentence For Rape In Georgia?

A conviction for a sex crime can have devastating penalties. Depending on the specific circumstances of the case, rape charges may result in:

• Life in prison (with or without parole)
• A split sentence of at least 25 years in prison, followed by life on probation

A statutory rape conviction generally carries a sentence of one to 20 years in prison. However, if the convicted person is 21 or older, the mandatory minimum sentence increases to 10 to 20 years in prison.

Moreover, a felony conviction for these offenses requires mandatory registration as a sex offender. This registration is often for life and can severely restrict where one can live and work. However, depending on the offense and classification, some people may be eligible to petition for removal from the offender registry after a minimum statutory period.

We Defend Different.™ Call Our Gwinnett County Defense Lawyers Today.

Even when facing serious charges such as rape or other sex crimes, we believe that every person has the right to a strong defense. As your legal counsel, our attorneys will conduct thorough investigations, challenge the state’s evidence about consent or identification and fight relentlessly to exclude any inadmissible or illegally obtained evidence.

Your first step is critical: do not speak to the police without our lawyers present. Call us instead for a free and completely confidential consultation. A lawyer will review the situation, explain your rights and outline how we can fight for you. Call us at 678-573-4444 or send us a message today.