Title 16, Chapter 6, Section 1
( 16-6-1)
(a) A person commits the offense of rape when he has carnal
knowledge of: (1) A female forcibly and against her will; or (2) A female who is less than ten years of age. Carnal knowledge in rape occurs when there is any penetration of the
female sex organ by the male sex organ. The fact that the person
allegedly raped is the wife 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 imprisonment for not less than ten nor more than 20 years. 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. |