Rape is one of the most serious categories of crimes against the person, involving sexual intercourse committed by violence, threat of violence, or by exploiting the victim's helpless condition. Georgian legislation strictly protects an individual's sexual freedom and integrity. The accusation is so serious that it carries severe penalties, including long-term imprisonment. However, the principle of the rule of law requires that every accused person has the right to effective defense. Cases often occur where accusations are based on insufficient evidence, incorrect interpretation of facts, or false allegations. These types of cases are particularly complex as there are often no direct eyewitnesses, and crucial importance is placed on forensic reports and the credibility of testimonies. The involvement of a qualified lawyer is essential to ensure procedural fairness and prevent the conviction of an innocent person.
What Does Rape Defense Service Cover?
Criminal law specialists registered on Legal.ge provide full legal assistance with strict confidentiality. The service includes:
- Immediate Intervention: Lawyer's arrival at the detention center, consultation before giving the initial statement, and protecting the accused's rights at the police station.
- Evidence Analysis: Detailed examination of medical and biological expertise reports (including DNA analysis) and conducting alternative expertise if necessary.
- Witness Examination: Cross-examining prosecution witnesses in court to test the reliability of their testimonies.
- Consent Investigation: Studying factual circumstances to determine whether the sexual act was consensual and whether violence took place.
- Alibi Verification: Gathering evidence (video recordings, location data) proving that the accused was elsewhere at the time of the crime.
Common Situations and Scenarios
Rape charges can arise in various contexts requiring a delicate approach:
- False Accusations: Baseless allegations made for personal revenge, blackmail, or to gain leverage in divorce proceedings.
- Interpretation of Consent: Situations where the act started consensually, but later one party claims consent was absent or withdrawn during the act.
- Mistaken Identity: When a victim, under extreme stress, mistakenly identifies the accused as the attacker.
- Intoxication: Cases where parties were under the influence of alcohol, and the dispute centers on whether the victim had the capacity to give informed consent.
Georgian Legal Framework
The crime is regulated by the Criminal Code of Georgia. The law strictly defines rape and stipulates aggravating circumstances, such as crimes committed by a group, with particular cruelty, or against a knowingly pregnant woman. It is important to note that Georgian legislation and judicial practice are gradually aligning with international standards (Istanbul Convention), focusing heavily on the absence of consent. The accused has a constitutional right to silence and defense, while the prosecution bears the burden of proof beyond a reasonable doubt.
Step-by-Step Service Process
The defense process consists of several critical stages:
- Preventive Measure Hearing: The first court hearing where detention is decided. The lawyer fights for bail or non-custodial measures.
- Pre-trial Stage: Exchange of evidence and admissibility checks. The defense gathers exculpatory evidence.
- Trial: The substantive hearing of the case, examination of experts, and closing arguments.
Why Choose a Specialist on Legal.ge?
Sexual offense cases require a lawyer to have not only legal knowledge but also psychological resilience and understanding of forensic nuances. Lawyers listed on Legal.ge are experienced professionals who strictly adhere to ethical standards and confidentiality. They ensure that your voice is heard and your rights are protected before justice.
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