[vc_row][vc_column][vc_empty_space][vc_single_image image=”6027″ img_size=”500×500″ alignment=”center”][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]Florida state laws presently incorporate rape under the offense of “sexual battery.” The significant statutes at this point don’t give a different lawful definition for rape.
To demonstrate a rape offense, an prosecutor should set up every one of the components for sexual battery given by state law. As needed by the Florida statute on sexual battery, the prosecutor should show that the respondent occupied with oral, vaginal, or anal penetration of the casualty with a sexual organ or another object. On the other hand, the prosecutor should demonstrate an association by the defendant’s sexual organ with the victim’s mouth, vagina, or anus.
On the off chance that the rape victim is younger than twelve, the prosecutor doesn’t need to show the victim’s lack of consent; the victim’s young age assumes the absence of consent. In the event that the assault victim is beyond twelve years old, the prosecutor should show that the victim didn’t consent voluntarily. Under Florida state laws, the examiner needs to show an absence of consent, however doesn’t have to show resistance or protest.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]Below you will find key provisions of Florida’s rape laws.[/vc_column_text][vc_tta_accordion][vc_tta_section title=”Statute” tab_id=”1608257542727-dea4fcdf-51c2″][vc_column_text]Florida Statutes Sections 794.005-794.09 (Rape)[/vc_column_text][/vc_tta_section][vc_tta_section title=”Penalties” tab_id=”1608257542761-2f0781fc-8fbb”][vc_column_text]The punishment for rape comes from the Florida crime laws regarding sexual battery. The potential punishment depends on the following:
- The ages of the victim and the defendant
- The use of any weapons
- The personal injury suffered by the victim.
- The rape victim is under the age of twelve and the defendant is over the age of eighteen (captial felony,punishable by death penalty or life imprisonment without parole); If defendant was under age of eighteen (life felony, punishable by imprisonment for at least 30 years or life imprisonment)
- The minimum charge for sexual battery committed on a victim over the age of twelve (second degree felony, punishable by imprisonment up to 15 years)
- If the prosecutor can establish one of the circumstances established by Florida law, the state can increase the charge to a first degree felony, which can result in a sentence for a term of imprisonment lasting up to 30 years.
- These circumstances include: the defendant’s threats or coercive acts, the victim’s physical incapacity, or the victim’s physical inability to resist the sexual battery.
- If the defendant used a deadly weapon or physical force likely to cause a serious bodily injury to a victim over the age of twelve during a sexual battery, the offense becomes punishable as a life felony.
[/vc_column_text][/vc_tta_section][vc_tta_section title=”Possible Defenses” tab_id=”1608257579767-a1ca40c8-c859″][vc_column_text]Voluntary consent given by the victim.
Note: Florida state laws prevent the use of certain defenses in a case for sexual battery. Specifically, the defendant cannot use the victim’s “unchastity” or discuss the victim’s prior sexual conduct. In cases where the victim’s age affects the criminal charges, mistake or lack of knowledge regarding the victim’s age cannot serve as a rape defense.[/vc_column_text][/vc_tta_section][/vc_tta_accordion][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]Our “Of Counsel” Justin Jacobson has over 100s of trials of experience. [/vc_column_text][vc_btn title=”CALL FOR A FREE CONSULTATION! 833-4-BAD DAY (833-422-3329)” color=”mulled-wine” link=”url:tel%3A833-422-3329|||”][/vc_column][/vc_row]