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Rape Charges in Orlando, FL
Rape Defense
Defense for Rape Charges
Rape, or sexual battery, is a severe offense with harsh punishments in Orlando, Florida. Being charged with rape will have lifelong consequences. If you are convicted of rape, you may have to register as a sex offender for the rest of your life. Being a registered sex offender makes finding a job difficult, preventing you from living in certain areas and possibly preventing you from enrolling in college. All these consequences would be after facing a laboring trial and likely incarceration.
To diminish the impacts of being accused of rape, it is vital to have a devoted legal team at your side. The attorneys at Hanlon Law have a strong background in combating rape charges in Orlando, Florida. Facing the possible loss of your freedom can be extremely frightening, so you need a committed lawyer to mount your most robust possible defense.
Florida Definition of Rape
Florida Statutes Chapter 794 defines rape as the involuntary engagement in oral, vaginal, or anal penetration of the victim with a sexual organ or another object. The main facet of rape is the lack of consent before sexual penetration. In order for sexual intercourse to not be considered rape, it must occur between two willing adults. If consent is not given before sexual activity or a party involved cannot consent because they are drunk, on drugs, or otherwise mentally or physically unable to give their permission, this act is rape under Florida law.
The same Florida Statute makes it illegal for sexual activity to occur between a person 24 years old or older and a 16 or 17 years old. This offense is considered statutory rape and is not dependent on the parties' consent but is illegal because one is a minor. Statutory rape also includes situations in which both parties involved are minors, and one individual is considered unable to consent because of a mental disability or physical or mental incapacitation.
Legal Consequences of Rape in Florida
The penalties for a rape conviction in Orlando, Florida, depend on the victim's age, if a weapon was involved, and whether the assault resulted in injuries. Rape is a second-degree felony and is punishable by 7 ¾ to 15 years in prison, up to a $10,000 fine, and 15 years of sex offender probation.
If a weapon was involved in the assault, the defendant might be charged with aggravated sexual battery, a first-degree felony. This offense can result in a maximum of 30 years in prison, up to $10,000 in fines, and sex offender probation for 30 years. Alternatively, the defendant may be charged with sexual battery with a deadly weapon, a life felony that can result in life in prison.
If the rape victim is between the ages of 12 and 18, the offense is a life felony that can result in life in prison if convicted. Capital sexual battery occurs when the rape victim is younger than 12 and can result in life in prison without the possibility of parole.
Defenses to Rape Charges
The severity of consequences for a rape conviction means you need the most vigorous possible defense. The most frequently raised defense in rape cases is consent. Consent in a sexual situation must be intelligent and voluntary in order to be sufficient. If a person is mentally or physically incapable of providing consent, then this defense will not apply.
Another common defense is that the person accusing the defendant is making a false allegation against the defendant. False accusations are brought about for a variety of reasons. Your legal team should investigate the circumstances involving the alleged assault to uncover what would have caused such allegations.
Your lawyer should also examine the case to uncover any inconsistencies in evidence or illegal practices by law enforcement during the investigation. They will use any information in their examination to pressure the prosecution to reduce or dismiss your charges or prove your innocence in court.
What to Expect When Hiring Hanlon Law
The legal system in Orlando, Florida, works aggressively to prosecute those accused of rape. If you or someone you care about has been arrested for rape or is the target of an investigation, you must hire an attorney immediately to protect your future. The attorneys at Hanlon Law work hard to defend the future of those accused of rape in Orlando, Florida. We use our knowledge and insight of the Orlando area courts and prosecutors to combat the severe penalties coming from a rape conviction. We also conduct a thorough investigation that includes examining the victim’s underlying ulterior motives, consulting an expert investigator, and testing the validity of any DNA evidence. Any information discovered will be used to form the strongest possible defense in proving your innocence.
Contact Hanlon Law to schedule a consultation to discuss your charges and hire an Orlando rape attorney.
We serve clients throughout Florida including those in the following localities: Hernando County including Spring Hill; Hillsborough County including Brandon, Riverview, and Tampa; Pinellas County including Clearwater, Largo, Palm Harbor, Pinellas Park, Seminole, and St. Petersburg; and Pasco County including Dade City, Hudson, and New Port Richey.
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