1

Statute

When he has carnal knowledge of (1) a female forcibly and against her will, or (2) a female who is less than 10 years of age. O.C.G.A. 16-6-1(a).

2

Definitions

"Carnal knowledge" is any penetration of the female sex organ by the male sex organ. Marriage is no defense. Id. "Against her will" means without consent. "Forcibly" means acts of physical force, threats of death or physical bodily harm, or mental coercion, such as intimidation. Jenkins v. State, 259 Ga. App. 87 (2003). Lack of resistance, induced by fear, is not legally cognizable consent but is force. Curtis v. State, 236 Ga. 362 (1976). No corroboration required. Baker v. State, 245 Ga. 657 (1980). See O.C.G.A. 24-2-3 for Rape Shield Statute.3

3

Caselaw

3 elements: (1) penetration, (2) without consent, and (3) force. Same evidence of penile penetration could be used to prove both of the elements of penetration and force when the victim is unable to consent due to mental incompetence or severe intoxication (i.e. constructive force). Melton v. State, 282 Ga. App. 685 (2006). Sex with woman whose will is temporarily lost from intoxication, or unconsciousness arising from use of drugs or other cause, or sleep, is rape. Griffin v. State, 282 Ga. 215 (2007) (if victim not alive at moment of penetration, still rape); Paul v. State, 144 Ga. App. 106 (1977). Ejaculation not an element, and not necessary that the examining physician find semen in the victim's body. Skipper v. State, 257 Ga. 802 (1988).

4

Penalty

Life imprisonment (with or without parole), death, or split sentence (mandatory minimum of 25Y and probation for life). O.C.G.A. 16-6-1(b).