Date rape may be one of the most common types of sexual assaults, but it often goes unreported. Attorneys at MUSCA Law are familiar with the legal aspects of sex crimes in Florida and they will provide a swift and aggressive legal defense if you are under suspicion of committing date rape. Their extensive experience defending clients from date rape charges can protect your rights and your freedom.
What is Date Rape in Florida?
There are two main elements involved in date rape. First, the sexual contact is unwanted and unanticipated. Second, the victim experiences forcible sexual contact while at a voluntary social engagement. A date can turn ugly if one partner forces the other to have sexual contact when the other does not consent to sexual relations, rejects those advances or is incapacitated and unable to resist.
In Florida, rape by a person over age 18 is a felony, and if the victim is under age 12, it is a capital felony. This sex crime falls under the general Florida Statute 794.011 Sexual Battery. Important parts of this statute that apply to a date rape situation include:
- consent
- mentally incapacitated
- physically helpless
- sexual battery
- physically incapacitated
Many date rapes occur while the victim is under the influence of alcohol or drugs. They may be intoxicated or they may have been given drugs secretly. Commonly found “date rape drugs” include rohyponol, gamma-hydroxybutyrate (GHB) and ketamine. These drugs make the victim unable to mentally or physically react to give consent, remain conscious and occasionally the drugs may result in death. Previous sexual contact with the victim is not a defense for charges of date rape, nor is acquaintanceship.
Punishment under 775.082 and 921.141
Prison time is doled out to those convicted of sexual battery charges in Florida. A convicted defendant could be sentenced up to life in prison for felony date rape, under certain circumstances. Without experienced legal representation from a knowledgeable sex crimes attorney, the suspect can easily lose their hope of freedom and be charged and convicted for date rape.
Rape in the state of Florida is a first-degree felony sex crime in some cases. If there is violence, disability of the victim, force, drugs or other factors involved, the crime can carry severe penalties. Conviction under certain charges can result in a life prison sentence; if the victim dies, it could warrant the death penalty. For some rapists, the law allows “chemical castration” by enforcing administration of medroxyprogesterone acetate (MPA).
Defense Strategies
MUSCA Law sex crime attorneys have a combined history of over 100 years defending clients against sex crimes. They have extensive experience defending against sex crimes and know all aspects of Florida laws that may apply to date rape accusations.
- Defense moves to show previous sexual contact between the parties is not accepted.
- The past sexual history of the victim or seductive manner of dressing is not allowed to be considered evidence or a valid argument in rape cases.
- If the victim requests their attacker use a prophylactic device, this also is not considered to be consent to sexual battery.
- There is no “common-law presumption” regarding the inability of boys under age 14 to commit rape.
- Special rules apply to date rape cases that involve multiple attackers that can move the penalty up from second-degree rape to first-degree rape and from first-degree rape to life felony.
A strong defense against date rape accusations may include historical facts if there is a history of a relationship between the two principals. A victim may lie due to anger they hold against the attacker. If there was a significant amount of time between the incident and a report of date rape, that could indicate remorse about a previously consensual act. The victim may have “cried wolf” about date rape previously with others, showing a pattern of lying about consensual sexual relations.
Protect Your Freedom
Protecting your freedom and rights is the job of the sex crime attorney; they can find answers that may restore your rights and set you free from felony sex crimes that will plague you for the rest of your life. A conviction on a rape felony has many negatives, including mandatory time in prison and listing on the National Sex Offender Registry for a lifetime. Job opportunities, housing locations, freedom of travel and other freedoms may be severely restricted if you are arrested or convicted on date rape charges.
For a free review of your date rape case, call MUSCA Law at their toll-free telephone number (800) 687-2252, or submit the website contact form for prompt response from a MUSCA sex crimes attorney. MUSCA Law has offices in Florida in Orlando, Jacksonville, Tampa and Miami. A free, confidential consultation awaits you.
