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Criminal defense and the laws regarding rape in Florida

Depending on the state that you are in, multiple different legal precedents can be applied to the concept of rape, although all states agree that it involves unwanted sexual contact forced upon another person. We recently discussed Florida's sexual battery laws, and in the state of Florida, rape falls under this same legal category, meaning that there are no particular statutes or precedents for rape in Florida.

As such, many of the same penalties and precedents apply to rape that apply in sexual battery, and there are not significantly greater penalties for sexual assault crimes involving violent battery. However, there are still some important things to remember when it comes to sexual assault in Florida, including that victims under the age of 12 do not need to prove a lack of consent, as the age of the victim demonstrates a lack of consent. Additionally, prosecutors do not need to prove protest or any kind of resistance on the part of the victim, only that the victim did not consent.

Of course, if you are accused of rape or sexual battery, one possible defense will be that consent was given between you and the victim, especially if you cannot prove that no sexual conduct occurred. Failure to do so could result in up to fifteen years in prison and, depending on the circumstances, could even allow victims to seek the death penalty.

Florida law takes rape and other such sex crimes very seriously, which is why it is extremely important to take your legal defense just as seriously. If you have been accused of a sex crime in Florida, it's imperative that you meet with a defense attorney as soon as possible to help you begin preparing to defend yourself.

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