Rape Defense Lawyer Suwanee & Gwinnett County

If you or a family member are facing a rape charge, call the law firm of Banks, Stubbs & McFarland LLP today!

Criminal Defense Attorneys Experienced in Rape Charges

Among the different sex crimes, rape is the most serious of them in Georgia, and conviction will result in a minimum sentence of 25 years in prison and registration as a sexual offender. There are no variations to the degrees of rape in Georgia, this means anyone accused of date rape would be facing the same penalties as someone accused of aggravated rape. That’s why Banks, Stubbs & McFarland LLP is the law firm to call. We have criminal defense attorneys that are experienced in defending individuals that have been confused or convicted of rape.

If you or someone you know is accused of rape, it is key to have the representation of an experienced criminal defense lawyer as soon as possible. It is paramount that you do not speak to the police or make any statements without consulting a lawyer first.

The Two Types of Rape

Rape: The crime of rape involves the unlawful sexual activity and usually sexual intercourse carried out forcibly or under threat of injury against a person’s will or with a person who is beneath a certain age or incapable of valid consent because of mental illness, mental deficiency, intoxication, unconsciousness, or deception.

Statutory Rape: The crime of statutory rape involves sexual intercourse with a person who is below the statutory age of consent. In Georgia, this means a person over the age of 17 has sexual relations with a minor under the age of 16. The penalty for statutory rape depends on the age of the victim and the defendant.
If the victim is between 14 and 15 years old and:

• If the defendant is 18 years old or younger and less than four years older, such person shall be guilty of a misdemeanor and the penalty is a maximum of 12 months in county jail.
• If the defendant is between 18 and 21, a conviction results in at least one year in prison.
• If the defendant is 21 or older, a conviction results in 10 to 20 years in a state prison.

Rape Defense Questions

Both the prosecution and the defense continue to investigate after a person has been officially charged with a crime. Our defense attorneys typically explore certain topics, such as:

• Has the victim lied about what happened?
• Has the victim identified the wrong person either intentionally or mistakenly?
• Does the defendant have an alibi?
• Does evidence conclude the incident did not occur or the defendant was not the one who committed the crime?

Some questions that might apply in a defense include:

• Did the accuser make rape claims to get out of trouble with a jealous partner?
• Did the accuser consent to sex while drunk, and later blame someone else because they regret their behavior?
• Did a young person’s parents demand an explanation after finding out they had sex?
• Did the accuser make rape claims as a means to ruin the defendant’s reputation?

Defending Against Medical, DNA, and other Biological Trace Evidence

In the case there is medical evidence, a scientist from a police crime lab will be engaged to study the medical evidence, and to testify, if appropriate, that the interpretation of the medical evidence by the prosecution is incorrect.

In the event of there being biological trace evidence, a scientist from a police crime lab may there have been traces of blood or semen. The scientist might conclude that the trace evidence contains DNA that may closely resemble the DNA of the defendant.

Although these kinds of evidence are backed by science, the drawn conclusions by scientists from a police crime lab are not always certain. Past studies have shown that non-scientific evidence that a crime lab scientist might have heard can heavily influence their finding of a match with the defendant.

These are dangerous circumstances that our attorneys are prepared to confront vigorously.

Experienced Rape Attorneys in Atlanta

If you are unsure of the next steps to take call Banks, Stubbs & McFarland LLP Attorneys at Law to discuss your case and potential defense strategies. If you have been accused or charged with rape in the Metro Atlanta area, we can develop a case that gives you a fighting chance in the courtroom.

Whether you are facing charges and acquisitions or have already been convicted, we create an elaborate case to provide facts and shine a light on errors within your prosecutor’s case to try and overthrow your conviction and possibly have your name removed from the sex offender registry.

Our Service Area

We are located in Suwanee Georgia, but we defend clients throughout Gwinnett County, Forsyth County, Hall County, Barrow County, Jackson County, and Dawson County. Contact our Suwanee law firm as soon as possible to learn how we advocate for your best interests.