HB1289: HB1289 Crimes and offenses; offense of rape; modify provisions

Georgia's current rape statute defines the crime narrowly as carnal knowledge, meaning penetration of a female sex organ by a male sex organ, occurring either by force and against a woman's will or when the victim is under ten years old. House Bill 1289 would replace that definition with broader, gender-neutral language covering forceful, nonconsensual contact between a person's vagina, penis, or anus and another person's vagina, penis, anus, or mouth, and it would explicitly include forced oral sex. The bill keeps the existing rule that a defendant cannot use the fact that the victim is his or her spouse as a defense to a rape charge, restating that protection in gender-neutral terms. The penalty structure appears to stay the same: death, life without parole, life imprisonment, or a split sentence of at least 25 years followed by lifetime probation, with additional sentencing rules under O.C.G.A. §§ 17-10-6.1 and 17-10-7 still applying. The bill repeals any conflicting laws but does not state a separate effective date beyond the standard process for a signed Act.

• Replaces the current definition of rape, which required carnal knowledge (penetration of a female sex organ by a male sex organ), with a gender-neutral definition covering forceful nonconsensual contact involving the vagina, penis, anus, or mouth of either party.
• Adds forced oral sex explicitly to the conduct that counts as rape under Georgia law.
• Removes the requirement that a rape victim be female, expanding the law's protection to any victim regardless of sex.
• Keeps in place the rule that being married to the victim is not a defense to a rape charge, restated using the gender-neutral term 'spouse' instead of 'wife'.
• Leaves the existing penalty range unchanged: death, life without parole, life imprisonment, or a split sentence of 25 years to life followed by lifetime probation, plus added sentencing provisions under O.C.G.A. §§ 17-10-6.1 and 17-10-7.

The bill affects anyone who could be charged with or become a victim of rape under Georgia law, since it broadens the legal definition beyond female victims and male perpetrators. It also affects prosecutors, defense attorneys, and courts that apply the rape statute in criminal cases.

By dropping the requirement that a rape victim be female and by adding forced oral sex to the statute's coverage, the bill would let prosecutors bring rape charges in situations the current carnal-knowledge definition does not clearly cover, changing who can be charged and who can seek that charge as a victim.

• Section 1 rewrites subsection (a) of O.C.G.A. § 16-6-1 to redefine rape as forceful nonconsensual contact between the vagina, penis, or anus of one person and the vagina, penis, anus, or mouth of another, including forced oral sex.
• Section 1 also restates that a defendant's marriage to the victim, described using the gender-neutral term 'spouse,' is not a defense to a rape charge.
• Section 1 retains the existing penalty structure in subsection (b): death, life without parole, life imprisonment, or a split sentence of 25 years to life followed by lifetime probation, plus sentencing enhancements under O.C.G.A. §§ 17-10-6.1 and 17-10-7.
• Section 2 repeals all laws and parts of laws that conflict with the Act.

1. 2026-02-17House Second Readers (House)
2. 2026-02-12House First Readers (House)
3. 2026-02-11House Hopper (House)

• Terry Cummings (D, HD-039)Primary sponsor
• Lisa Campbell (D, HD-035)
• Robert Dawson (D, HD-065)
• Robert Flournoy (D, HD-074)
• Arlene Beckles (D, HD-096)
• Segun Adeyina (D, HD-110)

• rape law
• sexual offenses
• criminal code
• victim protections