How To Protect Yourself Against Rape Charges in Florida
Rape is a seriously and harshly punished crime in Florida. There are life-long implications and repercussions for the reputations of those accused. When you are falsely accused of rape charges, you need to act immediately to avoid as many negative undeserved consequences as possible.
The Rickman Law Firm’s Tampa criminal defense lawyers are highly skilled and experienced in rape charge cases and can help protect you and your reputation. With extensive knowledge of the Florida criminal justice system, the attorneys at The Rickman Law Firm are well-equipped with the tools, strategies, and resources to provide you with the highest-quality legal counsel and representation throughout your case.
What is Considered Rape in Florida?
In Florida, rape is defined as the offense of coerced sexual acts including oral, anal, or female genital penetration with the sexual organ or any other object forced on a non-consenting individual, and it is considered a felony. In Florida, statutory rape is when the unconsenting party is a minor and is also considered a felony. In situations where both parties are minors, and one individual is considered unable to provide consent, statutory rape is charged.
In a rape charge investigation, consent is the considered the primary factor. In the Florida court of law, minors can never give legal consent for sex, and if there is no consent from the adult who did experience sexual battery, then it is also defined as rape. In addition, any degree of intoxication, whether via drugs, alcohol consumption, or forced drug consumption, that mental incapacitation during sexual battery is also considered rape.
What Are the Potential Consequences of a Rape Charge?
A conviction for sexual battery could result in incarceration and a lifelong registration on the national sex offender listing. However, there are varying degrees and consequences of rape conviction based on the circumstances of the incident, the allegations against the defense, and the evidence that is gathered by the prosecution. Your Tampa criminal defense attorney will inform you of the degree of your charge. All charges of sexual battery in Florida are punished as felonies to differing degrees.
A life felony charge case, among fines, includes:
- Sexual battery of someone under 12,
- Forcible sexual battery
- Sexual battery from someone older than 18 against someone younger than 12
First-degree felony rape charges, with consequences of high fines and sentences of up to 30 years, include:
- Sexual battery from the defense, older than 18, against the prosecutor, who is older than 12
- Sexual battery from the defense, younger than 18, against the prosecutor, older than 12
Second-degree felony rape charges, where the offender receives a sentence of up to 5 years among fines, include:
- Sexual battery where the defense does not use physical force or violence likely to cause serious personal injury
While the specific consequences of different rape charges varies, each charge is serious and can carry highly consequential implications. Even a rape charge is enough to cause irreparable damage in your life. It is important to understand the type of charge that you are being accused of, as well as the legal severity of it.
What to Do When Facing a Rape Charge
When being charged with accusations of rape, you will most likely suffer dire consequences outside of the court of law. There are many occasions in which allegations of sexual batter and rape are fabricated and exaggerated at the entirely unfair suffering of the defendant. When facing an unjust rape charge, action needs to be taken immediately. The first step to take is hiring a Tampa criminal defense attorney who has successful experience in defending rape charge cases. The Rickman Law Firm prides itself on aggressive, diligent, and successful legal experts who will fight for your justice.
Your attorney will begin reviewing the case and charge to start building a strong defense. Some factors that may be considered include arguing consent, involuntary and intoxicated consent, false accusations, or constitutional protections, among others. Some case charges will be more difficult to argue than others, such as the accusation of sexual battery of a minor, where arguing consent is out of the question. An effective legal defense strategy will also be devised. With the right attorney, you might get your charge dropped, fines lessened, or even your case dismissed.
Consult the Experts in Sex Crime Defense at The Rickman Law Firm
Rape cases are among the most difficult and lengthy in Florida. Having an experienced legal expert guiding you through the process and protecting your rights and justice is the best decision to help position you and your case as well as possible during your rape case. If you have been falsely accused of a sexual battery crime that you did not do, contact our aggressive attorneys today. A false sexual battery charge could lead to the loss of your reputation, freedom, and livelihood. Our law firm is open 24 hours a day, 7 days a week to help fight for your rights.
For your free consultation with a criminal defense lawyer in Tampa, fill out our consultation form or call The Rickman Law Firm any time today at 813-999-0502.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.