Can You Be Charged with Rape If Consent Was Initially Given?
In Florida, consent is the basis of all legalities when considering sexual relations and occasions. However, consent is not always a clear-cut, one-time approval that applies indefinitely. Situations may arise where initial consent is given but later revoked, which can result in a difficult and complex legal situation.
If you are facing an unjust rape charge, please consult with a leading Tampa rape defense attorney with The Rickman Law Firm for legal representation and guidance.
Florida Statutes on Consent and Sexual Battery
Florida law defines rape as when a person engages in oral, anal, or vaginal penetration with the sexual organ of another or the anal or vaginal penetration of another by any other object without the consent of the victim.
There is a requirement of intelligent, knowing, and voluntary consent that does not include coerced submission. The law specifies that a lack of consent may result from the victim being incapacitated, coerced, or unable to understand the nature of the act due to mental or physical incapacity.
Revocation of Consent
Consent can be withdrawn at any point before or during a sexual act. If an individual revokes consent and the other party continues the sexual act, this can be considered sexual battery. Florida courts have upheld that once consent is withdrawn, any further sexual activity is non-consensual and thus potentially criminal.
For instance, if person A initially agrees to engage in sexual intercourse with person B but then verbally withdraws consent during the act, person B is legally obligated to stop immediately. Continuing the act beyond the withdrawal of consent constitutes rape under Florida law.
Defense and Prosecution Perspectives
From a defense perspective, it is critical to demonstrate that consent was never revoked or that any withdrawal of consent was not clearly communicated. Evidence such as text messages, witness testimonies, and other forms of communication can play a significant role in establishing the facts of the case.
Additionally, the prosecution must prove beyond a reasonable doubt that the consent was withdrawn and that the defendant continued the sexual activity despite the revocation. Your Tampa sex crime defense attorney with The Rickman Law Firm will work to build the strongest defense strategy possible.
Do Not Face a Rape Charge Without Expert Representation
At The Rickman Law Firm, our Tampa rape defense attorneys are adept at navigating these complexities and will work to ensure that your rights are defended and that every aspect of your case is thoroughly examined.
Our Tampa sex crime defense attorneys are available 24 hours a day, 7 days a week for your convenience. For a free case consultation, contact our office at (813) 370-1185 or fill out the consultation form on our website at any time.
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.