Miami Rape Defense Attorney
Have you been charged with rape in Miami?
Rape is considered to be a greater criminal offense than sodomy or sexual
battery because it involves the nonconsensual sexual intercourse. A study back
in 2003 estimated that approximately 11.1% of adult women in Florida have
been victims of one or more completed forcible rapes during their lifetime,
and Florida is particularly harsh on individuals who have been accused
of this crime.
The majority of rape charges involve sexual contact between people who
know each other and who even live together. If you have been accused of
rape, either by a stranger or someone you know, your future relies on
your ability to build a strong defense against your charges. A knowledgeable
Miami criminal defense attorney at Parks & Braxton, PA can assist
you with building a strong and powerful defense case so that you can avoid
the penalties of a rape conviction.
Sexual Battery: a Felony Offense
According to § 794.011 of Florida criminal law, sexual battery is
a crime that involves sexual contact without the consent of the other
party. There are many different circumstances to these cases that could
warrant a different degree of penalty than another. For example, if an
individual under 18 years of age commits sexual battery against an individual
less than 12 years of age, it is considered a life felony. It is also
a life felony to commit sexual battery on a person over the age of 12
while using a deadly weapon or other force.
It is a second degree felony to sexually assault an individual over the
age of 12 without the use of violence. It is a first degree felony for
conviction of rape of a minor. It is also possible to commit the act of
rape even if you believe that there was consent. The most common way is
statutory rape, which is a charge of having sex (even consensual) with
an individual under the age of consent. The second way is to rape by fraud,
which means tricking a person into thinking they are giving consent.
A Miami sex crime attorney from our firm is capable of providing the superior
cross-examination that you need to challenge your accuser in the courtroom
and question the motives behind their accusations. A surprisingly large
number of rape accusations result from bitterness or jealousy, and you
may be able to prove that your charges are illegitimate. Defending against
rape charges can be extremely difficult without the help of an experienced
defender because Florida law states that an individual can be convicted
of rape based on the testimony of the victim alone.
If you are convicted of rape in Miami, the prison time that you will face
ranges from five to fifteen years if you have no prior convictions. You
will also be required to register as a sex offender in the national database.
These harsh penalties will stay with you for the rest of your life, and
you need to take action now to avoid conviction.