With the possible exception of homicide crimes, few offenses are considered more serious than rape or battery of a sexual nature (sexual battery). The incredibly personal and intrusive characteristics of such allegations can make defending a rape charge an extremely daunting proposition.
However, given the life-altering potential sanctions for those convicted of this category of crime, it is critical that the assistance of a skilled legal advocate be obtained as soon as possible.
A West Palm Beach rape defense lawyer stands ready to explore the facts and develop strategies designed to produce the most positive outcome achievable. Contact an experienced defense Attorney today.
Florida Sexual Battery Statutes
Rape, broadly referred to by the state legislature as sexual battery, is defined in detail by Florida Statutes Chapter 794. Specifically, in order to establish that a rape has occurred, Fla. Stat. §794.011(h) provides that the prosecution needs to show beyond a reasonable doubt that the accused party did engage in sexual penetration or union of the defendant’s genitals, whether anal, oral or vaginal, with the named victim without that victim’s consent (assuming that he/she had the capacity to do so).
If a victim is older than 16, the state must prove that no consent to such conduct was given, but if the victim is younger than 12, consent is irrelevant. It should also be noted that while absence of consent is a required element, a showing of protest or forceful resistance is not.
Therefore, it is unfortunately sometimes the case that a Defendant will be taken by surprise when rape charges are issued, because they believed at the time of the act that the sexual activity itself was consensual but the accuser subsequently asserts that it was not. A rape lawyer in West Palm Beach could explain the laws relevant to a specific case.
High Stakes in Rape Prosecutions
The penalties upon conviction of sexual battery tend to be quite severe and are determined in large part by the ages of the parties involved, the harm suffered during the criminal act, and whether any weapons were used during the course of the attack. For instance, sexual battery inflicted on someone over age 12 is, at minimum, a second-degree Felony capable of yielding upwards of 15 years’ imprisonment as well as a life-long label as a sexual offender or even predator.
However, under a number of enumerated circumstances, the charges can be raised to first-degree Felony status, able to produce a sentence of up to 30 years, and the sexual offender/predator labels Sexual battery involving the use of physical force or a deadly weapon against someone over age 12 can result in conviction of a life Felony. Furthermore, the rape of someone under age 12 by someone 18 or older also constitutes a life Felony. This means that if proven guilty, a person can spend up to the remainder of their natural life in prison.
As such, the perpetrator can face a lengthy prison term or, alternatively, a life sentence without the possibility of parole. Defendants under the age of 18 found guilty of the same offense are classified as Felons subject to imprisonment of 30 years to life.
Defending Against Rape Allegations
From the moment a rape charge is issued, it is common for accused individuals to feel as though they stand little if any chance of prevailing in the face of such damning allegations. The extraordinary sensitivity of sexual assault claims often make for sympathetic stories that may seem impossible to counter.
However, it is important for Defendants to remember that defense strategies, particularly those related to consent can prove invaluable in having charges reduced or dropped or substantially lessening the punishments imposed. A lawyer in West Palm Beach can discuss a possible defense to rape charges.
Aggressive Advocacy in Sexual Battery Cases
If you have been accused of sexual battery, there truly is no time to lose in terms of building your defense strategy. The effects of a conviction can be devastating not just for you but for your entire family for years to come.
It is important that an experienced West Palm Beach rape Lawyer investigate your case, your accuser, and all of the circumstances surrounding the alleged rape or sexual battery. Every case can be distinguished by the facts, parties, and history amongst all of them. By promptly aligning with a rape Lawyer, you can take a proactive role in protecting your rights, your reputation, your future prospects, and your personal liberty. Call Leifert & Leifert today to begin building a defense.
