Date Rape

date rape arrest

When someone commits a sex crime in the state of Florida, they are prosecuted to the full extent of the law. Lately, false accusations against men and women are on the rise throughout the state, having a devastating effect on the accused’s life. A date rape conviction usually results in a lengthy prison sentence, registration as a sex offender, and payment of steep fines. Additionally, if accused of sexually related crimes like date rape, one finds their entire life is scrutinized and potentially ruined financially, emotionally, and professionally.

What Qualifies as Date Rape?

Sexual battery, or rape, is defined as non-consensual acts of oral, anal, or vaginal penetration by another individual’s sexual organ or object, as defined by Florida’s state statute 794.011.

Date rape is a further defined form of sexual battery in the state of Florida.

This act is defined as an individual engaging in a non-consensual sexual act with a victim who is unable to give consent due to mental incapacitation. This type of sex crime carries different degrees of charges.

Consequences of a Date Rape Conviction

First-degree felony charge for aggravated sexual battery –  This type of charge is a first-degree felony when the victim is 18 years of age or older. Sentencing will impose a mandatory prison sentence of approximately 34 months up to 30 years, or sex offender probation that could last 30 years. The financial repercussions are stiff, as well, with fines of up to $10,000.

Life felony charge for aggravated sexual battery – This charge becomes a Life felony when the victim is 12 to 18 years of age when the assault took place. Life felony convictions carry a sex offender probation for life. The victim was Between the Ages of Twelve (12) and Eighteen (18) Years of Age When the Alleged Offense Took Place.

Additional penalties one can be sentenced to if convicted include:

Defenses Against Date Rape Charges

There are two main statutory defenses presented against charges of aggravated sexual battery. It’s critical that one has retained an experienced criminal defense attorney before trial.

The defenses presented against a charge of date rape are:

Consent – According to Florida Statute 794.011, consent is knowingly engaging, intelligently agreeing, or consenting to a sexual act. Coercion or lack of physically resisting a sexual act is not viewed as consent in a court of law. This statute also means that an alleged victim that was unknowingly drugged by the defendant or was intoxicated at the time of the sex act could not give legal consent and this may result in a conviction of date rape.

False Allegations – A defense of being falsely accused is a valid cause for exoneration if it can be proven a plaintiff has falsified testimony. Unfortunately, this is becoming an all too common problem in Florida. People have many reasons for making a false allegation of date rape.

Some reasons alleged victims have made false allegations are:

  • Mental Illness
  • Jealousy
  • Exposed for cheating on a spouse
  • Lack of judgment

Retain a Reputable Criminal Defense Attorney

Fighting an aggravated sexual battery charge involving date rape is a complex process that can be difficult to manage on your own. Because of the emotional nature involved in sexual assault cases, you should retain a seasoned criminal defense lawyer to fight for and protect your rights and reputation. Just an accusation involving date rape can ruin your life, don’t let this happen.

The Umansky Law Firm has over 100 years of collective criminal law experience and can help you throughout every aspect of your case. We will both represent your best interests as well as offer you counsel throughout this challenging time. Contact our office at (407) 228-3838 for a free case review today.

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