Florida Date Rape Lawyers
Representation Backed by 150+ Years' Combined Experience
In Florida, engaging in non-consensual sexual encounters with a date is considered to be a crime. This includes sexual encounters through force and unwanted sexual contact as well. Date rape can occur in any number of situations. Many believe that date rape only occurs between strangers on a first date, but this is not true. Date rape can occur in a long-term relationship that has lasted months or even years. The offending party can use a number of means in order to initiate sexual contact, from drugs to physical force. Date rape drugs are an all too common type of drug used to make a victim lose consciousness. These drugs make a victim unable to mentally, or physically, deny the offender, and can even lead to death of the victim if ingested in too large a quantity. Date rape can occur almost casually, without warning, or can be the result of a rejection of the offender's sexual advances.
Date Rape Charges in Florida - 794.011(1)(h)
Musca Law aggressively defends clients who have been charged with all types of misdemeanor and felony criminal offenses in the state of Florida. With over 30 offices across the state of Florida, Musca Law is where are you need them and when you need them 24 hours a day, seven days a week. Date rape is a very serious felony criminal offense in the state of Florida. If convicted, a date rape defendant will have his or her life turned completely upside down. The punishments for date rape in the state of Florida include stiff fines, a loss of privacy, damaged reputation, imprisonment, like the probationary periods, in a lifetime sex offender label.
In Florida, date rape is considered sexual battery and is a level eight offense under Florida‘s criminal punishment code. Rape or sexual battery is charged as a second-degree felony. Although the term “date rape“ is not used in the Florida criminal statutes, it is a term used to describe an active sexual battery that occurs while the victim was either in a potentially romantic relationship or was in a romantic relationship with the accused. Date rape is a type of “acquaintance rape.“
According to Florida statute 794.011(1)(h), sexual battery is any non-consensual “anal, oral, or vaginal penetration by, or in union with a sexual organ of another person or the vagina or anal penetration of another person using some other object.“
Whatever the relationship between the defendant and the victim, sexual battery will be charged as harshly as if the victim and the defendant we’re complete strangers. In other words, the severity of the offense does not change depending on the relationship between the victim and the defendant. In the state of Florida, the facts and circumstances of the sexual battery can affect the penalties and punishments that the defendant will face. For example, if the victim is a minor, or the defendant uses the firearm while committing the crime, or whether there were any other aggravating circumstances during the commission of the crime.
Sexual battery in the state of Florida is a second-degree felony punishable with up to 15 years in prison, up to 15 years of probation, and a fine of up to $10,000. Sexual battery is unique amongst many other criminal offenses because the mere allegations can result in sanctions at a university or college, damage your private reputation, and limit your job opportunities.
If any of the following aggravated and extenuating circumstances occurred during the commission of sexual battery, the punishments and penalties the defendant will face will be enhanced:
- The victim was under age
- The perpetrator used a deadly weapon
- The victim is physically or mentally incapacitated
- The defendant is a corrections officer or a member of law-enforcement or any other position of authority
- The defendant used violence
- The defendant drugged the victim
- The defendant took advantage of an intoxicated victim
What should you do when accused of committing sexual battery in Florida?
Crimes of a sexual nature are severely punished and will negatively affects a person for the rest of their life if found guilty. Therefore ,it is very important that if you were a loved one or being accused of a sex crime such as date rape, that you follow the following strategies until you have retained an attorney experience in date rape and sexual battery criminal charges in Florida.
Remain Silent - Remain silent and do not answer any questions without an experienced Florida sexual battery defense attorney by your side. In almost every circumstance when I defendant has not been accused or arrested and voluntarily speaks with law-enforcement investigators, he or she damages their potential future defense.
Do you not try to communicate or talk with the victim or the accuser – any communication with the accuser from you or from some other person on your behalf could create more evidence that could later be used against you in your criminal trial.
Make a list of potential witnesses - Begin making a list of potential witnesses that can offer beneficial information about the incident.
Gather evidence - gather any and all relevant evidence that you can think of that might help in your case. For example, photographs, GPS records, emails, text message exchanges, or anything else that might prove that you were not with the accuser at the time or place they claim.
Create a timeline - As soon as you can, and while your memory is still fresh, create a timeline of the incident along with any useful notes or information, witnesses, and locations.
Defending Against Date Rape Allegations or Criminal Charges in Florida
In many cases, date rape criminal charges are prosecuted solely on the word of the victim. This is because the victim in the defendant are somewhat romantically entangled. The issue at hand is whether the sexual situation was or was not consented to buy the victim. One of the most common defense strategies used in date rape criminal trials is denying the allegation that the sexual activity was not consensual but was indeed consensual by both parties.
What are some defense strategies used to defend against a date rape charge?
Consent - The most commonly use defense strategy is that the victim provided consent to the sexual activity.
Mistaken identity - In some cases a victim may have mistaken in identifying of the perpetrator.
False accusations - One defense strategy used by defense attorneys and date rape cases is the false accusation defense. This is where the victim has a motive to two large false allegations against the defendant. Sometimes the accuser is acting out in revenge or wishes to shame the defendant.
Violation of legal rights - this defense could be raised if the law enforcement officer violated the legal rights of the accused, committed a procedural error, or didn’t properly Read the defendant their rights and potentially nullifying any evidence that might be used against them.
How Can I Have My Sexual Battery Charges Be Dropped in Florida?
A defendant could have his or her case dismissed and their sexual battery charge dropped if the sexual battery allegation was based on a false accusation or incorrect information. The prosecutor may decide to formally dismiss the criminal charges against a defendant when there is not enough evidence against the accused.
The Penalties for Date Rape in Florida
There are a variety of penalties for being convicted of date rape in the state of Florida. These penalties can be anything from a lengthy prison sentence to a large fine. If convicted of date rape, you will have to register with the state Sex Offender Registry, where citizens of the state of Florida will be able to track where you move and your current location. If the victim was under the age of twelve years old, the penalties will be increased and the charge upped to first degree felony date rape, for which there is a life sentence penalty.
If drugs were used in the perpetration of the crime, the sentence and the penalty will be increased. The same goes if the victim was mentally disabled, physically handicapped, or if violence or force were used to assert sexual will, or if weapons were used to commit the crime.
Additional Repercussions Imposed in Sex-Based Offenses in Florida
Certain sex crimes in Florida will obligate an offender to register as a sex offender in the county in which they reside. A defendant’s obligation to be registered on the Florida sex offender registry is a separate requirement and is not part of a probationary. Moreover, the presiding judge in the defendant’s criminal case could deem the alleged offender as a sexual predator, which would require reporting as a sex offender.
The Florida Sexual Predators Act states that it has the intention of stopping sex-based offenders from engaging in further acts of sexual violence. This means that the act would require a to register as a sex offender and, in certain instances, could block an offender from using the internet. Additionally, the statute requires public notification of the sex offender.
According to Florida Statutes Section 775.215, a sex offender could be restricted as to where he or she are permitted to live. For example, a person who is subject to this statute must live a minimum of 1,000 feet away from a park, daycare, or school.
For Trusted Date Rape Defense in Florida, Call (888) 484-5057!
Musca Law is a professional team of like-minded Florida date rape defense attorneys that are willing to fight for you, to protect your rights and see that you have proper representation if you are accused of date rape. We are available 24/7 to help you learn more about your rights and what to expect in your case.
If you have been charged with date rape in Florida, you may be facing serious consequences that include imprisonment, fines, and a ruined reputation. It's important to begin an aggressive defense strategy before charges get out of hand and you find yourself with nowhere to turn. Musca Law can help you navigate the complexities of your situation; we are backed by more than 150 years of collective experience!