Rape Defense Lawyers in Florida
Florida Rape Attorneys, Laws, Penalties, and Punishments
In the State of Florida, rape is defined as unwanted sexual penetration of the vagina, anus, or oral penetration using any part of the body upon another. Rape is a felony offense regardless of how slight the penetration and alleged victim did not give consent. Children under the age of 12 cannot consent to sexual activity under Florida Law.
An individual may be charged with rape when the victim is incapable of providing consent due to temporary or permanent physical or mental incapacity. This includes the inability to consent due to being under the influence of alcohol or drugs.
Physical resistance is not required of the victim to show a lack of consent.
If you or a loved one have been charged with rape in Florida, you need to retain an aggressive Florida Rape Defense Attorney from Musca Law. At Musca Law, our defense attorneys provide a vigorous defense, and we fight hard to win your case. We will ensure that your legal rights are protected throughout the entire case proceedings. With more than a century of combined criminal defense experience, our defense team has the knowledge, expertise, and resources necessary to fight your criminal charges. Our defense lawyers will pursue the best possible outcome in your case, and we will not back down from the most aggressive prosecutors.
Fighting Rape Allegations In Florida
Sex crime convictions are punished harshly, especially in rape cases. Musca Law defends its clients against all kinds of sex crimes throughout the state of Florida. Our law firm has over 30 office locations in the State of Florida. Our firm's results speak for themselves. You can rest assured that our rape defense attorneys understand how to defend you in your rape trial thoroughly and competently.
Call (888) 484-5057 to begin a free case evaluation with one of our rape defense attorneys today.
How Does Florida Define Rape?
In Florida, "rape" and "sexual assault" are referred to as "sexual battery." The legal term "sexual battery" encompasses many types of sexual abuse, including rape, molestation, and some forms of sexual harassment. The following could be charged as "sexual assault" in Florida:
- Rape
- Attempted rape
- Coercing a victim into engaging in sexual activity
- Non-consensual touching in a sexual way.
- Sexual acts committed when a victim could not give consent
- Statutory rape
- Sexual harassment
- Using force or violence in a non-consensual, sexual circumstance
- Unwanted sexual advances
Rape can include sexual intimidation, such as stalking, threatening to perpetuate an unwanted sexual act against a victim, and indecent exposure. Rape can occur between romantic partners, such as a spouse.
What Are the Statute of Limitations for Sexual Battery in Florida?
"Statute of limitations" are filing deadlines. The rape victim only has a certain amount of time to file criminal charges against their perpetrator. However, in some rape cases, the statute of limitations does not "run out." This means the victim may press criminal charges at any time. Along with the federal government, the State of Florida has its own set of statutes of limitations for criminal cases. Florida's statute of limitations is based on the classification of the crime. These time deadlines also apply to the prosecutor. Should the statute of limitations expire, the court will likely dismiss the criminal charges.
The statute of limitations for rape cases in Florida include:
- Capital Felony Offenses - Capital Felony Charges have no time deadlines or statute of limitations in Florida.
- First-Degree Felony - The prosecution is must file charges against the accused within four years of the commission of the crime.
- 2nd- or 3rd-Degree Felonies - The prosecution is required to file criminal charges within three years.
Under special factors that existed at the moment of the crime, the court could suspend the statute of limitations. These special factors include:
- First-degree Sexual Battery - Should the victim be under the age of 18 at the time of the rape, there is no statute of limitations or deadline for the prosecution.
- First or Second-degree Felony - Committing a First or Second-degree Felony against a child who is 16-years-old or older and the criminal offense is reported to police within 72 hours after its commission, there are no limitations.
Rape / Sexual Battery Penalties in Florida
In Florida, rape is almost always charged as a felony and carries significant penalties if convicted. In some rape cases, the accused could receive a sentence of life in prison or receive the death penalty depending on the facts of the crime. Having an experienced Florida Rape Lawyer who understands how to defend against overzealous prosecutors is vital in implementing a powerful defense.
Date rape, rape, and all other types of sexual assault offenses have all been classified under Florida Statutes section 794.011. Sexual battery is defined as the penetration or union of one's sexual organ with the mouth, anus, or vagina of another. The prosecution must prove the conduct was non-consensual. Any form of sexual touching of a child under the age of 12 is automatically deemed non-consensual in the state of Florida.
First-Degree Felony Rape: First-degree felony rape is punished with up to 30 years in prison.
Second-Degree Felony Rape: In some cases, rape or sexual battery is charged as a second-degree felony, punished with up to 15 years in state prison.
Life Felony Rape: If the accused is under 18 and the victim is under the age of 12, the criminal offense can be charged as a "life felony." A life felony means the defendant might be sentenced to serve life in prison if found guilty. Sexual battery also becoming a life felony when the defendant threatens to use or used a deadly weapon or used physical force that could cause injury.
Capital Felony Rape: If the accused is 18 or older and the victim is under the age of 12, the crime could be charged as a "capital felony." This means the defendant could be sentenced to death if they are found guilty.
Those who are convicted of sexual battery do not qualify to receive any sentence reduction such as gain-time in prison, otherwise known as "time off for good behavior."
Federal and Florida Sexual Offender Registries
One of the most severe penalties for sexual offenses in Florida is registering as a sex offender. Not all sex crime perpetrators convicted of a sex crime are required to register. Federal and state prosecutors are aggressive d seek maximum punishments. That is why it is crucial to speak with one of our experienced Florida sex crimes attorneys right now to protect your legal rights. Speaking with one of our experienced rape defense attorneys is the best step anyone can take to avoid a criminal conviction.
Florida Statutory Rape Charges
According to Florida Statute Section 794.05 - Unlawful Sexual Activity with Certain Minors declares that it is a criminal offense for an individual who is 24-years-old or older to engage in sex acts with a minor 17-years-old or younger; even if the sex act was consensual. In most cases, statutory rape is charged as a second-degree felony and is punished with up to 15 years in state prison. In Florida, a defendant is not permitted to use defense based on the victim having a history of engaging in sexual acts.
Sex Crime Charge Defenses in Florida
In defending against a rape charge in Florida, there are several credible legal defenses that the defense could raise to beat a rape charge in Florida. The defense strategy devised by an experienced sexual battery defense attorney depends on the facts and circumstances of the case and the relationship between the defendant and the alleged victim.
Sex crimes frequently lack witnesses and solely rely upon forensic evidence and the testimony of the alleged victim. The following is a list of some defenses used against rape charges:
Pretrial Defenses: Defense attorneys often try to prevent their clients from being indicted by presenting evidence that contradicts the accusations. That evidence could include:
- Polygraph test results.
- Psychological evaluations.
- Proof that the accuser has advanced unfounded accusations against others in the past.
- Letters confirming the defendant's good character.
Defenses at Trial: A few defenses used during a rape trial include having an alibi (the defendant did not commit the crime because they were seen elsewhere at the time of the alleged crime), psychological issues that prevented the accused from understanding what they were doing, or mistaken identity by the supposed victim. The defense team could also use forensic evidence such as DNA evidence to acquit the defendant.
Affirmative Defenses: In an affirmative defense, the accused admits to sex acts but asserts that it should not be a crime due to specific reasons. For example, the victim consented to sex. An "affirmative defense" is not an admission of committing a crime but only explains why the sexual act is not a crime.
Innocence: Innocent people are accused of crimes that they did not commit every single day. The alleged victim might be confused about what transpired, or they could be lying because they are ashamed or attempting to cover up their own actions. In some cases, individuals will bring false criminal charges in hopes of being awarded a large cash settlement or jury award in a subsequent civil lawsuit.
Mistaken Identity: In other cases, the victim may have been sexually assaulted or abused but may be confused about the identity of the person who committed the crime. The victim may not have seen the offender. A neighbor or other eyewitness may have identified the wrong person. The victim or the eyewitness may have recognized the defendant from some other encounter. Photo arrays and lineups are not always dependable.
Consent Given: When the alleged victim is old enough, and he or she was physically and mentally capable of giving consent, and they gave consent, a rape did not happen.
Impossibility: If a victim claims a person raped them, and it would have been physically impossible for the accused to have committed the act, the defense could raise the "Impossibility Defense." Moreover, if the defendant was somewhere that was too far away for them to be at the time and place of the alleged assault, the defense team could assert the "Impossibility Defense."
Diminished Capacity - Another defense raised states that the defendant did not have the requisite "mens rea" or mental state to perpetrate the crime. The defendant may have had mental instability or diminished capacity at the time of the criminal offense.
Procedural Errors -In many cases, law enforcement officers overstep their legal powers and violate a defendant's legal rights. If this is proven in court by the defense, the judge could suppress the prosecution's evidence. For example, police officers might have searched the defendant's home without a warrant, or they did not read the defendant their rights when they were required.
False Accusations: The most common defense strategy to use allegations of sexual misconduct is that the accuser is lying. False rape accusations are very common. These accusations frequently begin during a child custody or divorce case. Florida law allows victims of domestic violence to obtain an order of protection. Orders of Protection are intended to protect domestic violence victims from further harm. However, Orders of Protection are misused since they provide many benefits to the alleged victim. False rape accusations are often levied to gain leverage in divorce and custody matters.
In divorce cases, a romantic partner or spouse may allege sexual assault, hoping to receive a larger portion of the marital estate. Others lodge false charges to win a divorce or child custody case. Some parents also resort to coercing their children into stating they witnessed sexual abuse or were sexually abused. False accusations are difficult to establish, and the prosecutors may not believe the defendant's assertions of innocence.
Call (888) 484-5057 24/7 to Speak With Our Attorneys!
If convicted, the penalties for committing sexual assault in Florida are devastating. To make sure that you have the best possible chance at beat your criminal charges, you must get the help of an experienced Florida Rape Attorney. Musca Law knows that the consequences of these charges will ruin your life and your future. With everything on the line, you deserve the best representation possible. Let us aggressively advocate on your behalf! Contact Musca Law today.
Call (888) 484-5057 for skilled representation backed by over 150 years of collective experience.