West Palm Beach Date Rape Attorneys
A date rape charge can change your life in an instant. Even if you thought the sexual act was consensual, you could face jail time and the social stigma of being labeled a sexual offender for the rest of your life. If you are accused of date rape, you should immediately retain an experienced Florida sex crime lawyer. The attorneys at Ohle Law P.A. knows the likely strategies prosecutors will utilize in date rape cases. They can help you build a strong defense to maximize your chances of a positive outcome.
Florida statutes and penalties
In the state of Florida, date rape is prosecuted under sexual battery laws. Sexual battery, also known as rape, is defined as any nonconsensual penetration of a person’s mouth, anus or vagina with a sexual organ or another object. Date rape is sexual battery that is committed upon someone during a voluntary social activity like a date. Regardless of the fact that the individuals know each other and that the social engagement is voluntary, if one person resists the sexual contact, it is considered rape. Some cases of date rape involve a person who is impaired by drugs or alcohol, rendering him or her unable to resist the sexual advances. Being physically or mentally impaired by substances is not considered consent. If the accuser is under the age of 16, consent cannot be used as a defense.
Punishments for raping someone while on a date vary depending on the circumstances:
- If sexual battery is committed upon a person who is 12 or older without the use of physical force or violence, the crime is a second-degree felony with a prison term of up to 15 years.
- If the accused administers intoxicating substances to incapacitate the accuser, it is a first-degree felony, punishable by up to 30 years in prison.
- Threatening to use force or violence during an incident of sexual battery also is considered a first-degree felony.
- Using physical force that may cause injury or threatening to use a deadly weapon while committing an act of date rape is a life felony.
- All sentences may additionally require paying substantial fines and registering as a sexual offender with the state of Florida.
A sexual battery charge should be handled by only the most experienced Florida date rape attorneys. At Ohle Law P.A., our team of dedicated attorneys will work tirelessly to provide the best defense possible against these serious charges. Call us today to discuss your options.