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Being accused of rape is a serious offense. Our firm is here to provide support and zealous advocacy to dispute these charges. Our St. Petersburg rape lawyers know the legal process inside and out. We can protect your rights and dignity from the investigative phase to the appellate stage of the legal process. We believe in justice, fairness, and providing unshaken support to those in need during their darkest times.
Facing a rape accusation demands a robust defense. Our team of experienced sex crime attorneys explores various legal avenues and defenses, including consent, mistaken identity, lack of evidence, and false accusations.
In Florida, rape is defined as a form of sexual battery. Florida Statutes Section 794.011 defines rape as a non-consensual sexual activity that involves either:
Sexual battery can happen under different circumstances, such as when an individual is forced, physically helpless, incapacitated, or under a certain age.
Sexual battery is also categorized into varying degrees. Each category carries a different penalty. For example, when sexual battery involves any use of physical force or violence, the penalty will be more severe. An attorney in St. Petersburg can explain this further in a consultation.
Rape is a serious criminal defense that carries a heavy penalty. The defenses for rape fall into several categories. The first defense is consent – if an individual consented to a sexual activity, it can be a defense. However, there are limitations to this defense if there is incapacity due to age, intoxication, or mental impairment.
Another defense that can be used is mistaken identity. The accused individual may have mistakenly been identified as the perpetrator of the sexual battery. For this defense strategy, our defense team will provide alibis and present evidence to the prosecution and or the court showing that the accused was elsewhere at the time of the crime.
In some cases, there may also be a lack of evidence that the sexual battery happened. The legal standard of proof in a criminal trial is proof beyond a reasonable doubt. This defense can be used when challenging the reliability of physical evidence or the credibility of a witness.
The false accusation defense may be used when an alleged victim intentionally fabricates an accusation of sexual battery for reasons such as jealousy, revenge, or advantage in a personal matter.
Regardless of the defense, it is important for the person to discuss their case with a qualified criminal defense lawyer who is experienced in handling sexual battery cases in St. Petersburg. They will help determine the best defense strategy based on the specific facts and circumstances of the case.
The consequences of sexual battery in Florida are severe, ranging from significant prison time to lifelong designation as a sexual offender. The penalties for sexual battery change depending on the circumstances of the offense. The factors may include the age of the victim, the use of force, and whether aggravating factors are present. An attorney in St. Petersburg can work to get the rape penalties mitigated or dropped altogether, depending on the circumstances of the case.
In this tumultuous legal landscape, our team of lawyers offers dedicated support and advice. If you are facing charges of rape in Florida, it is important to seek legal representation from an attorney who can advocate for your rights and provide you with guidance throughout the legal process. Please call a St. Petersburg rape lawyer today to schedule your complimentary consultation.