Florida rape law does more than just address the physical aspects of the offense. It also provides for victim services, funding of the Department of Health Rape Crisis Program Trust Fund, and sets rules for those reporting a rape crime. Rape is a sexual battery crime under 2011 Florida Statutes, TITLE XLVI CRIMES, Chapter 794. If you are a suspect in a rape, obtain the services of a legal defense attorney immediately.
Rape Definition
Rape is a nonconsensual act that involves any degree of penetration of the female sex organs by a male, with or without threat or use of force to control the victim. In Florida, rape is a felony offense with mandatory prison sentences that depend on circumstances of the act. Age is a factor, as may be physical or mental capacity of the victim, the use of any drug to incapacitate the victim, or the authority the offender has over the victim.
Rape is a Felony
When a person over 18 rapes another person, the result is a first, second, third or life felony with mandatory time in prison of at least 5 years. If force is use, the charge increases in seriousness. If the victim is under age 12, the offense is a life felony sex crime. It is a first degree felony if the victim is over age 12, the act is nonconsensual and there was “use of a deadly weapon or physical force likely to cause serious person injury.” If the victim is over age 12 but force is not used, the rape is classified as a second degree felony.
The following mental and physical factors will increase the penalty for rape:
- A physically helpless victim cannot resist rape.
- Coercing the victim with a threat to use violence or force.
- Threats against the victim of future retaliation against the victim or other persons.
- Drug use of a narcotic, anesthetic, or intoxicating substance to incapacitate the victim either mentally or physically.
- If the victim already is mentally defective or physically incapacitated and the offender has knowledge of this fact.
- The offender is in a position of governmental authority over the victim, such as a law enforcement, correctional or probation officer.
Punishment for Rape
- Penalties are those provided in ss. 775.082, 775.083, 775.084, 794.0115. Florida s. 921.141 also applies to a rape capital felony.
- Mandatory prison sentence for sex crime felony conviction.
- Florida Statute 794.011 provides for a life maximum and a 9 year minimum prison sentence for sexual battery/rape convictions.
- Sex offender designation and inclusion for life on the National Sex Offender Registry.
- Sex offender probation and lifestyle restrictions after time in prison; possible commitment to a civil treatment facility after release.
Defense against Rape Charges
Begin to mount a solid defense against rape charges as soon as you are questioned about a rape incident. Do not speak with anyone about a rape without first consulting an experienced Florida rape crime attorney. Call Musca Law for a free first consultation with an attorney that understands the complexities of a defense against Florida rape charges; it could be an important step to preserve your freedom.
Contact Musca Law by calling toll-free (800) 687-2252, or submit the website contact form for assistance with your case. Musca Law serves clients nationwide and in many Florida cities including Miami, Orlando, Jacksonville and Tampa.
