Rape is a sex crime the involves any type of sexual activity that is forced upon a person against his or her will. Some cases can be coupled with violence and threats, and could even result in injuries or even death. For a defendant to be accused of rape, a sexual act must’ve taken place between two or more individuals where at least one person did not consent. Rape is one of Florida’s most severe crimes and can come with even more severe consequences. The consequence for rape is 5-15 years in prison, and there is also a chance you will have to register as both a sexual predator and offender, which can tarnish your record and possibly ruin your future.
Florida law states that elements of a rape case can be proven based solely on a testimony from the victim, with no other evidence needed. The elements of a rape case claim:
- The victim in no way consented to the act committed
- The victim was 12 years of age or older when the crime was committed
- The defendant participated in a sexual act with the victim where his or her sexual organ or an object made contact with the victim’s vagina or anus
Date rape is defined as nonconsensual sexual activity between two individuals who have had a previous relationship with one another. Date rape can involve the use of narcotics, anesthetics, or other intoxicating or mind-altering substances given to the victim. Even if you did not intentionally provide the victim with drugs or alcohol in order to incapacitate them, you could still be charged with date rape if:
- Without prior knowledge or consent of the victim, you had knowledge of someone else or dispensing a narcotic, anesthetic, or other intoxicating substance to the victim that mentally or physically debilitated their presence at the time the sexual act was performed
- The victim was physically incapacitated when the sexual act took place
The consequences for date rape include 6-30 years in prison based on your past behavior, heavy fines, and you may have to register as both a sexual predator and offender.
Statutory rape is interpreted as the unlawful sexual activity with minors that meet specific criteria. This is considered a second-degree felony in the state of Florida, but the claim of statutory rape can be difficult to prove. You will need a qualified legal professional who understands how the courts and processes work representing you.
There are three elements that can prove a statutory rape was committed:
- The victim was between the ages of 16 and 17 years old
- The accused was 24 years old or older
- The accused engaged in sexual activity with the minor where his/her sexual organs penetrated or had union with the minor’s mouth, vagina or anus
Consent of the minor or their willingness to engage in sexual activities with the accused is irrelevant, as is whether or not the accused was aware that the victim was a minor. This crime is punishable by 5-15 years in prison with eligibility for parole. You could also acquire heavy fines and may have to register as a sexual offender for life.
Sometimes the allegation of rape can lead to a case based on little or no proven claims. We understand how detrimental a rape charge can be for you and your loved ones, and it is our job to ensure that you are considered innocent until proven otherwise. Knowing the right questions to ask in these circumstances could save you from false claims, and our attorneys know how to get the answers to these pertinent questions.
Any kind of rape is a serious offense, and you will need an experienced attorney on in your corner to ensure that your rights are protected and that your side is represented fairly. Contact the defense attorneys at Perez Lasure Law today to schedule your initial consultation to discuss your legal options. Get in touch and we will get back to you as soon as possible.