Sexual assault and rape are two of the most serious crimes in Florida. Sexual assault refers to forcing unwanted sexual contact with another person and is chargeable as a felony. While rape can fall under sexual assault laws, the charge of rape specifically refers to unwanted and unconsented sexual penetration of another person’s body and is a felony offense. Both offenses are addressed by Florida Statutes § 794.011.
Given the significance of sexual crimes, if you or a loved one are a college student who has been charged with sexual assault or rape, it is critical to speak with an experienced student defense Attorney at Leifert & Leifert. Understanding what you are up against by speaking with a Delray Beach campus sexual assault and rape Defense Lawyer is the first step in preparing your defense and fighting for the rest of your life by securing the best possible outcome in your criminal case and your disciplinary hearing.
Types of Campus Sexual Assault Under Florida Law
In addition to rape, Florida law defines sexual assault to include other crimes including, but not limited to:
- Attempted rape
- Non-consensual sexual touching
- Sexual harassment
- Statutory rape (sex acts between someone who was 24 years old or older and a minor 17 years old or younger)
- Sexual intimidation and stalking
The type of sexual assault you have been charged with, as well as the particular facts of your case, are critical to determining the potential outcome. For example, rape is almost always a felony charge, and many prosecutors will seek heavy prison sentences if they believe the facts will support it. An experienced campus sexual assault and rape defense attorney in Delray Beach will understand how to prepare your best defense to counter an aggressive prosecution.
Criminal Convictions for Sex Offenses
For those convicted of sexual assault in Florida, their punishment does not end when they leave prison. In many instances, a conviction for a sexual crime requires registration on the Florida sexual offender registry for life. If you are a college student who has been convicted of such a crime, there can be additional repercussions, including school discipline, suspensions, or even expulsion. The results of a sexual assault conviction can impact a college student’s housing and work opportunities now and well into the future. Any student facing sexual assault and rape criminal charges needs to get the help of a Delray Beach attorney.
Potential Penalties
Sex crimes, like sexual assault and rape, carry significant penalties, including heavy potential prison sentences and, in extreme cases, the death penalty.
For students, the penalties are not limited to the criminal justice system. They may often face disciplinary proceedings in addition to criminal charges. In fact, students can face the disciplinary process even if they do not have any criminal charges. The burden of proof is much lower in a campus disciplinary proceeding. Theoretically, the potential punishments are much lower, as well. However, in reality, these proceedings can have a lasting impact on a student’s life, resulting in potential expulsion from the university, suspension, loss of scholarships, and more. Plus, the stain of the allegations can follow a student for the rest of their life.
Statute of Limitations for Campus Sexual Assault and Rape
Depending on the specific crime you have been charged with, there are different statutes of limitation (the period in which a prosecutor can file criminal charges after receiving a complaint of an alleged criminal sexual act) under Florida law. For example, charges for second or third-degree felony rape must be filed within three years where, whereas first-degree felony rape charges must be filed within four years of the alleged crime. Meanwhile, capital felony rape (if the accused was 18 or older at the time of the alleged crime and the alleged victim was under the age of 12) has no statute of limitations, which means charges can be brought at any time during the life of the accused.
It is essential to keep in mind that universities and colleges do not have a statute of limitations on disciplinary proceedings. Colleges can, in certain situations, initiate disciplinary proceedings against students even after graduation. They are most likely to do this in cases where the misconduct alleged is academic dishonesty or fraud. However, if a former student has serious allegations of misconduct during their time as a student, the school can bring up disciplinary proceedings after graduation, particularly if the school only learns about the misconduct after graduation.
The school could revoke someone’s degree as a consequence. While this may not be likely in most circumstances of alleged sexual misconduct, there are some scenarios where it would be more likely. For example, if a graduate student used their position to engage in sexual misconduct while obtaining their graduate degree, those allegations could result in a post-graduation disciplinary hearing.
Given the fact-specific nature of the applicability of statutes of limitation, if you are a college student who has been accused of or charged with sexual assault or rape, you should consult an experienced Delray Beach defense Attorney as soon as possible to understand the strengths and weaknesses of the prosecution’s case and your potential defenses.
Talk to a Knowledgeable Delray Beach Campus Sexual Assault and Rape Attorney Today
While being accused of sexual assault or rape can be very scary, even if you know you are entirely innocent of the charges, legal defenses do exist. Given the severe penalties that await college students convicted of campus sexual crimes and the social, academic, and professional impact of a negative outcome in a disciplinary proceeding, putting forth the most vigorous defense possible is critical. If you find yourself in the position of facing a charge and would like to speak with an experienced attorney, call Leifert & Leifert today to speak with one of our Delray Beach campus sexual assault and rape lawyers.
