Helping Individuals Defend Against Rape Or Sexual Assault Charges

Virtually every sexual assault crime (rape, sexual battery, oral copulation or sodomy) contains the element of “against the victim’s will.” What that means, is the prosecution must prove beyond a reasonable doubt that the victim did not consent to the sexual activity.

Statutory Rape In Southwest Florida

Statutory rape is charged when a man or a woman has engaged in a sexual act with a minor under the legal age of consent, which is 18 in Florida. People often have questions for criminal defense lawyers about the impact of consent in these cases, that is, what happens if the minor consented to the sexual act? According to the statutes, this does not matter. The law states that minors are unable to grant consent to engage in sexual intercourse.

The law also does not have any exceptions if you are unaware of the minor’s real age at the time the act was committed. That means if you believed the individual was 18 or older, and in fact, the minor was lying about his or her age and was actually under 18, you could still be potentially charged with statutory rape.

Date Rape In Southwest Florida

What has come to be commonly referred to as “date rape” is a forcible sexual act between two people that have a previous “familiar” relationship, often through social association. The familiar relationship is not a defense to this type of charge. Often, with cases such as these, consent becomes the main issue. One party will say consent was given while the other alleges it was not.

Florida state laws outline who is able to give consent to engage in sexual activities. People who are physically incapacitated, which may mean drunk or drugged, impaired, asleep or unconscious, are unable to give consent. In many date rape cases, it is alleged that drugs or alcohol are provided to the victim in order to commit the sexual act. Additionally, if the victim becomes impaired due to voluntary alcohol or drug use, this still means they are unable to grant consent. “Voluntary intoxication” of the victim is not a defense that can be used to rape or sexual assault charges.

Forcible Rape In Southwest Florida

Forcible rape can happen as a “random” act amongst strangers, it can also happen between two people that know each other, and it can happen in conjunction with a violent crime.

Sexual Battery In Southwest Florida

“Sexual battery” has a very broad definition and many actions, short of rape and certain other statutorily specified crimes, can fall into this “catch all” category. “Sexual battery” is defined as touching by one person upon another, that is of a sexual nature, and that is unwanted. This definition is broad and vague for a reason. What one person may consider a “sexual battery” and what another person may consider a “sexual battery” is subjective and can be two very different things.

Contact Us For Skilled Defense

If you or a loved one has been targeted and charged with rape or another sex-related criminal offense, then you need a skilled, knowledgeable and experienced sex crimes defense lawyer representing you. At the Law Firm of Scott T. Moorey, our sex crimes defense attorneys can help. The will scrutinize statements from the accuser and witnesses, if any exist.

Call us at 888-821-9168 or fill out our online contact form today for a free consultation. We have offices in Fort Myers, Cape Coral, Naples and Punta Gorda and we serve Lee, Collier, Charlotte, Hendry, and Glades counties.