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.
Rape Charges in Florida
In Florida, rape is generally referred to as sexual battery under the law. The term “sexual battery” encompasses various forms of non-consensual sexual acts, including those involving force, coercion, or incapacitation of the victim. These cases are taken extremely seriously, and both prosecutors and law enforcement dedicate extensive resources to investigating and pursuing suspects. If you are charged with rape in Florida, the stakes are incredibly high. Not only can a conviction lead to significant prison time, but it can also result in substantial fines, sex offender registration, and irreparable damage to personal and professional relationships.
Legal Definition Under Florida Law
Florida Statute 794.011 outlines the state’s sexual battery laws. Sexual battery occurs when there is non-consensual oral, anal, or vaginal penetration or union with the sexual organ of another. Consent is a critical factor. If a person is physically incapacitated, mentally incapacitated, or otherwise unable to give legal consent, it can still be considered sexual battery. Additionally, the statute distinguishes various degrees of severity based on the age of the defendant, the age of the victim, the presence of force, and any use of a weapon. For instance, sexual battery on a person over the age of 12 without physical force or violence may be charged differently than an assault involving threats or actual physical harm.
Aggravating Circumstances
Certain elements can aggravate a rape charge and lead to harsher penalties. Examples include using a deadly weapon or using violence that results in physical injury. If the alleged victim is a minor, prosecutors typically pursue the highest level of charges possible. Furthermore, an individual who is in a position of trust or authority, such as a teacher, caretaker, or law enforcement officer, may face enhanced sanctions. Florida courts view these situations as a severe breach of public trust, and judges are often inclined to impose more stringent sentences to reflect the seriousness of the crime.
Possible Penalties
Convictions for rape (sexual battery) can carry a spectrum of penalties. If the alleged victim is an adult, charges often start as a first-degree felony, punishable by up to 30 years in prison. If aggravating factors are present, such as the use of a weapon or serious physical harm, the sentence could be extended to life imprisonment. In cases involving minors, the penalties can escalate further, sometimes mandating life imprisonment if the victim is under 12 years old and the defendant is 18 or older. Along with prison sentences, individuals convicted of sexual battery will generally face mandatory sex offender registration. This creates long-term restrictions on housing, employment, and even travel, making it extremely difficult to rebuild a normal life after serving time. Fines can also be significant, reaching tens of thousands of dollars. These financial penalties often include court costs, restitution to the victim, and other fees related to mandatory counseling or treatment programs.
Defenses to Consider
Although sexual battery charges are serious, there are defenses that attorneys may explore to protect your rights. One common defense is consent: demonstrating that the alleged victim willingly participated in the sexual activity. Another involves mistaken identity, where the defense argues that the accused is not the person who committed the act. Challenging the credibility of the accuser or the evidence presented by the prosecution is also a strategic approach, especially if inconsistencies or procedural errors exist. An experienced criminal defense attorney will thoroughly review police reports, witness statements, and forensic evidence to find any potential weaknesses in the state’s case. This thorough examination often involves questioning the methods used in collecting evidence, the chain of custody for physical items, and whether any statements made were obtained in violation of constitutional rights.
What to Do if You Are Arrested
- Exercise Your Right to Remain Silent: One of the most critical things you can do if arrested for rape in Florida is to avoid making any statements to law enforcement without an attorney present. Anything you say can be used against you in court.
- Request an Attorney Immediately: If you cannot afford a lawyer, the court will appoint a public defender. If you can afford private representation, consider finding a lawyer who specializes in sexual battery cases.
- Do Not Contact the Alleged Victim: Attempting to reach out to the accuser could be interpreted as intimidation or witness tampering, further complicating your legal situation.
- Gather Potential Evidence and Witnesses: As soon as possible, write down everything you remember about the alleged incident, including dates, times, and the names of anyone who might have observed interactions. Collecting and preserving electronic evidence, such as text messages, social media posts, or emails, can be helpful in building a defense.
- Follow Your Attorney’s Advice: Your lawyer will guide you through interrogations, bail hearings, plea negotiations, and, if necessary, a trial. Adhering to professional legal counsel from the outset offers the strongest chance for a favorable outcome.
Court Process and Timeline
After you are arrested and charged with rape, you will have an initial appearance, often within 24 hours, where a judge will determine bail. Following this, the prosecution will file formal charges if they believe sufficient evidence exists. During discovery, both sides exchange evidence, witness lists, and additional information. Plea negotiations can occur during this period, potentially resulting in a reduced charge or a lesser sentence. If no agreement is reached, the case proceeds to trial.
Trials for sexual battery can be highly emotional and complex. The prosecution will typically rely on forensic evidence, victim testimony, and expert witnesses. The defense, in turn, may present contradicting evidence or question the reliability of the state’s witnesses. If convicted, sentencing occurs shortly after, though defendants have the right to appeal based on legal errors or constitutional violations.
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
Facing rape charges in Florida is a life-altering event that can carry severe consequences, including lengthy prison sentences, registration as a sex offender, and steep fines. The legal process can be intimidating and fraught with pitfalls for those unfamiliar with the court system. However, it is crucial to remember that an arrest is not the same as a conviction, and everyone is presumed innocent until proven guilty. If you find yourself in this situation, it is imperative to invoke your right to remain silent, seek the counsel of an experienced criminal defense attorney, and take each step with careful deliberation. By understanding the nature of rape charges and knowing what to expect, you put yourself in the best possible position to navigate this challenging ordeal.
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.
