Orlando Rape Lawyer
Next to murder, rape is probably the most serious criminal accusation a person can face in Florida. The stigma of a rape accusation alone is enough to label a person a sexual predator in the eyes of many. Indeed, public outrage towards rape recently led the Florida legislature to add certain rapes to the list of crimes eligible for the death penalty.
Even in non-capital cases, rape can still lead to imprisonment for decades or even the remainder of a person’s entire life. So if you are facing such accusations, you must be prepared to zealously defend yourself in court. Our Orlando rape lawyer can assist you. The Joshi Law Firm, PA, represents clients throughout Central Florida facing accusations of rape and other serious sex crimes. We have the knowledge and experience to offer you the best defense available.
Sexual Battery in Florida
Florida law actually does not define “rape” as a specific offense anymore. Instead, rape falls under a broader category of criminal offense known as “sexual battery.” This covers any non-consensual “oral, anal, or female genital penetration by, or union with, the sexual organ of another.” This includes any penetration involving an object.
In certain cases the prosecution does not even need to prove a lack of consent. Notably, a minor cannot legally consent to sex with an adult. (The current age of consent in Florida is 18.) This is considered statutory rape. Depending on the age difference involved, the adult may be charged with lewd and lascivious battery, lewd and lascivious conduct, or contributing to the delinquency of a minor, all of which are still felonies.
The age of the victim and the use of force also plays a role in determining the severity of a sexual battery charge. For example, anyone who uses a deadly or physical force to rape a person over the age of 12 can be charged with a life felony. As the name suggests, this means that if convicted, a defendant can be sentenced to life in prison, regardless of any prior criminal record. And under recent changes to Florida’s sexual battery laws, a person over the age of 18 who rapes a child under the age of 12 can be sentenced to execution.
Defending against sexual battery allegations is further complicated by a number of state laws designed to protect victims. A defendant accused of rape may not, for instance, introduce evidence regarding their accuser’s prior sexual conduct or “lack of chastity.” Nor can the defendant argue that they were unaware of an accuser’s age in response to a statutory rape charge.
Contact Our Orlando Rape Lawyers Today
A rape accusation can quickly upend your life. But that does not mean you simply have to give up and accept your fate. In many rape cases there are viable defenses, such as proof the victim gave consent to the sex or they identified the wrong person. This is why you should always work with a skilled Orlando rape lawyer who can review the state’s evidence against you and advise you on a course of action. Call the Joshi Law Firm, PA, today at 844-GO-JOSHI or contact us online to schedule a free initial consultation.
