Rape, known as sexual battery in a Florida court of law, is a sex crime that involves any sexual activity that is forced upon a person against their will. Some cases can be coupled with violence and threats and could even result in injuries or death. For a defendant to be accused of rape, a sexual act must take place between two or more individuals where at least one person did not consent. Rape is one of Florida’s most severe crimes, and a conviction carries severe and long-lasting penalties. The legal sanctions for rape depend on the circumstances and severity of the act. If convicted, sexual predators and offenders must register with the Florida Department of Law Enforcement (FDLE). Being in this database can tarnish your reputation and possibly ruin your future.
Elements of a Sexual Battery Case:
- The victim did not consent to the act.
- If the victim is under 12, lack of consent is presumed.
- The defendant participated in a sexual act with the victim where the sexual organ or an object penetrated the victim orally, vaginally, or anally.
What is Date Rape?
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 to incapacitate them, you could still be charged with date rape if:
- Without prior knowledge or consent of the victim, you knew someone else dispensed a narcotic, anesthetic, or other intoxicating substance to the victim that mentally or physically impaired 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 imprisonment, heavy fines, and you may have to register as both a sexual predator and offender.
What is Statutory Rape?
Statutory rape is defined as the unlawful sexual activity of an adult with a minor. This crime is a second-degree felony in the state of Florida. Evidence for claims of statutory rape are medical evidence, the testimony of both parties, and testimony of witnesses to the offense. If you are charged with this crime, you will need a qualified legal professional who understands how the courts and processes can work to defend you.
Three elements can prove a statutory rape was committed:
- The victim is under the age of 16.
- The accused is 24 years old or older, engaging in sexual activity with a 16 or 17-year-old.
- The accused engaged in sexual activity with the minor where their sexual organs penetrated or had a 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. Statutory rape penalties depend on the age of the victim and the perpetrator. Legal sanctions may include imprisonment as well as fines and registration on the Sex Offender Registry.
Unfounded Accusations
There are a myriad of reasons why a person may falsely report a sexual battery, usually with ulterior motives. Examples may include revenge, monetary gain in a civil lawsuit, mental illness, gaining leverage in a custody battle or divorce, or to deny a consensual sexual encounter. False allegations can permanently ruin an individual’s personal and professional relationships, even when proven innocent.
Aggressive Rape Defense Lawyers Protecting Your Future
At Perez LaSure Law, we understand how devastating a rape charge can be for you and your loved ones. Our job is to ensure that you are regarded as innocent until proven otherwise. Examining the evidence and knowing the right questions to ask in these circumstances may save you from false claims. Our rape defense attorneys in Kissimmee, Florida are skilled at getting to the truth behind an allegation.
Facing a charge of rape is profoundly life-altering. If you are arrested, you need an experienced attorney in your corner to ensure that your rights are protected and your voice is heard. Contact our Kissimmee rape defense lawyers at Perez Lasure Law today, at (407) 357-0496 to discuss your legal options.
