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Date rape, which is under Florida’s sexual battery statute, refers to nonconsensual sex among two adults. These cases can be especially tricky to deal with because they often involve miscommunications, drug and alcohol use, and foggy memories. When one or both parties do not remember the details of a date, they might make accusations that are not entirely true.
At Rossen Law Firm, we believe that everyone deserves a second chance. A single accusation does not have to turn your life upside down. If you are facing sex crime charges, our Boca Raton date rape lawyers are here to help.
When it comes to date rape cases, it is generally not a question of “Did it happen?” but rather a question of “Was it consensual or not?” This sets date rape cases apart from other sexual battery cases because certain evidence becomes much less relevant.
Unlike many sex crime cases, it does not matter in a date rape case if there is DNA, a rape kit, or evidence of sexual activity; it all boils down to consent. An expert Boca Raton date rape attorney can help establish that there was consent in a particular case.
Penalties for date rape are the same as those for sexual battery where the offenders are both over 18. This is a second-degree felony, which carries a maximum of 15 years in prison, a $10,000 fine, and 15 years of sex offender probation. Because the consequences of a date rape charge are so severe, it is crucial to enlist the help of an expert lawyer in Boca Raton as soon as possible.
Many times, people think that date rape accusations are no big deal. People often think that because they did not do anything wrong, they do not need a lawyer. This could not be further from the truth.
People often end up speaking with the police in an attempt to defend themselves or clear up the facts of their case. There might be a controlled call, where the person is on the phone with the police being secretly recorded. Florida is a two-party consent state, but this does not apply when the police are involved in a controlled call. Just admitting that a sexual encounter occurred can weaken one’s defense by taking away one of the elements that the prosecutors, police, or alleged victim must prove.
A Boca Raton date rape attorney acts as a shield and a protector and makes sure that clients do not talk under any circumstances, even if they think they are defending themselves. There is a big difference between what a prosecutor thinks happened and what they know happened, and the most important thing is what they can prove happened in a court of law under the Florida rules of evidence and procedure. When an expert defense attorney is in charge, they can steer the show and ensure that the right evidence is brought into the case.
At Rossen Law Firm, we have handled countless date rape and other sexual battery cases across South Florida. We know how to build a strong defense on your behalf, and we are not afraid to fight for what you deserve.
Do not let one mistake affect the rest of your life. Contact our Boca Raton date rape lawyers for help with your case.
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Rossen Law Firm’s legal team understands what’s at stake when you’re charged with a crime in South Florida. We’re committed to defending you and protecting your rights. Our legal team is ready to create a customized strategy for your case to fight for the best possible outcome. We handle Criminal, DUI, Federal, Domestic Violence, Marchman Act & Baker Act cases, and more.
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