A conviction for a date rape charge can carry a number of serious consequences including prison time, probation, fines, and the requirement of registering as a sex offender, all of which can affect someone’s prospects for employment, student loan applications, and the ability to rent an apartment.
Due to the severity of these consequences and their potential impact on an individual’s life those accused of this offense should get in contact with a Ft Lauderdale date rape lawyer as soon as possible. An experienced sex crimes attorney can not only present an argument on your behalf when facing sexual battery offenses but can also help prepare you for what you should expect throughout the legal process.
Date Rape Laws in Ft. Lauderdale
Florida refers to date rape as sexual battery which is defined as any “oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object.” While many people think that “date rape” is a different offense than rape/sexual battery, it is not. In fact, the term is generally used to describe situations in which two people are on a date and sexual battery results.
This offense is often associated with one party drugging the other with substances such as Rohypnol (also known as Roofies), Gamma Hydroxy Butyrate (GBH), and Ketamine Hydrochloride (also known as Special K). Although these are all commonly referred to as date rape drugs, this offense is essentially the same as sexual battery for legal purposes. Individuals should consider speaking with a Ft Lauderdale lawyer about accusations of drugging another for sexual advantages or date rape.
Sexual Battery Penalties
Sexual battery is considered a second-degree felony charge in Florida which can result in 15 years of prison time, 15 years of probation, and a $10,000 fine.
Ft. Lauderdale lawyers have seen penalties be significantly higher when extenuating and aggravated circumstances are involved in a date rape case. Some of these include:
- Defendants who have a position of authority over victims
- Use of a deadly weapon or violence
- Use of date rape drugs
- Victims who are mentally or physically incapacitated (meaning that they were intoxicated or unconscious)
- Victims who are minors
Potential Defenses for Date Rape Charges
Date rape charges often involve one party’s testimony against another’s as there are generally no other witnesses present to give additional testimony. In addition, drugs or alcohol are commonly involved which can further complicate matters. While date rape and sexual battery should never be tolerated, victims sometimes falsely accuse an individual for personal reasons or misidentify alleged abusers. In addition, law enforcement officers tend to sympathize with victims regardless of whether they are telling the truth. That is why it is imperative to contact an experienced Fort Lauderdale attorney to do a separate pretrial investigation to determine what really might have happened versus what is being alleged in a date rape case.
Hire a Ft. Lauderdale Date Rape Attorney
Anyone who has been arrested on these serious charges should get in touch with a Ft. Lauderdale date rape lawyer to help understand the charges against them, evaluate the legal defenses which may be available to them, and determine what course of action might be best for their situation. The bottom line is that a date rape conviction can change someone’s life forever, especially being labeled as a sex offender. Florida date rape laws are complex and the consequences of a conviction are too great to leave to chance.
