Fort Lauderdale Rape & Sexual Battery Lawyers: Defending Your Rights with Compassion and Expertise

Being accused of rape or sexual battery is terrifying. These allegations can ruin careers, destroy families, and land the accused in prison for decades. That’s why it’s critical to have an experienced criminal defense attorney on your side if you are under investigation or have been arrested for rape or sexual battery in Fort Lauderdale or anywhere in Florida.

The attorneys at our firm have spent decades defending clients against rape and sexual assault charges. We approach every case with compassion, discretion, and a relentless drive to protect our clients’ rights. Our sole focus is defending you against these life-altering accusations.

Understanding Rape and Sexual Battery Charges in Florida

In Florida, rape and sexual battery are treated as serious violent felonies punishable by years or even life in prison. Prosecutors aggressively pursue these charges, and public sentiment is strongly against anyone accused of these crimes.

It’s important to understand the distinctions between rape and sexual battery under Florida law:

• Rape involves non-consensual oral, anal or vaginal penetration by the sexual organ of another or an object. Lack of consent is a key element. Rape charges can be difficult to fight because of the “he said/she said” nature of these cases.
• Sexual battery is unwanted touching of the sexual parts of another person’s body. This could involve fondling, groping, or other unwanted sexual contact. Sexual battery charges are often easier to challenge than rape because consent is less clear-cut.

Allegations of rape or sexual battery set into motion an extensive legal process aimed at prosecuting the accused. If you are under investigation or have been arrested, it’s essential to hire an attorney immediately to protect your rights.

How an Experienced Sex Crimes Lawyer Can Defend You

The attorneys at our firm have successfully defended hundreds of clients against rape, sexual battery and other sex crime charges. We have seen every type of allegation and evidence prosecutors can present.

Our approach focuses on meticulously scrutinizing the accuser’s claims and the prosecution’s case to find inconsistencies and weaknesses. We build a strong defense by:

• Conducting a thorough independent investigation – We don’t rely solely on what police uncover. We dig deeper to track down witnesses, electronic records and other evidence the state may have missed.
• Challenging the accuser’s credibility – Many accusers have motivations to fabricate or exaggerate accusations. We look closely at the accuser’s background and statements to law enforcement for red flags.
• Disputing DNA evidence – Even DNA evidence can be challenged or undermined when properly scrutinized. We work with DNA experts to critique the analysis and collection methods.
• Seeking to suppress evidence – If police violated your rights or failed to follow procedures, we can file motions to have damaging evidence thrown out.
• Negotiating with prosecutors – Prosecutors will often reduce or drop charges when confronted with a strong defense. We leverage our relationships and track record to negotiate favorable outcomes.
• Taking your case to trial – If necessary, we are ready to mount an aggressive defense at trial and expose flaws in the state’s case before a jury. Our skilled trial attorneys have a proven record of courtroom success.

The bottom line is that we are not afraid to take on tough rape and sexual battery cases. We have the skills and experience to build a powerful defense on your behalf.

Defending Against Allegations of Date Rape

A complex yet common scenario is when an accuser states the rape or sexual battery occurred during a date or romantic encounter gone wrong. The “he said/she said” nature of these cases makes them difficult to prosecute. But that doesn’t mean the stakes are low for the accused – you can still face years in prison and a lifetime as a registered sex offender if convicted.

Our attorneys are particularly skilled at defending date rape allegations by:

• Scrutinizing communications between the accuser and defendant for signs of a consensual encounter. Text messages, emails, and social media posts can reveal the accuser’s true intentions.
• Interviewing witnesses who saw the accuser and defendant together before or after the alleged incident to look for contradictory statements.
• Using toxicology reports to show the accuser may have misremembered events due to voluntary intoxication.
• Presenting evidence of the accuser’s sexual history or prior false accusations to undermine their credibility. Such evidence is admissible in Florida in certain circumstances.
• Employing jury consultants to overcome bias and humanize you in the eyes of jurors.

Even if sexual contact occurred, consent is often ambiguous in date rape scenarios. Our goal is to sow reasonable doubt by presenting evidence the accuser consented at the time, but later changed their story out of regret or anger.

Fighting Allegations of Drug-Facilitated Rape

A growing trend is accusations of using drugs or alcohol to incapacitate a victim and commit rape or sexual battery. Prosecutors portray these cases as especially egregious, but winning a conviction is challenging without proof the substance was given surreptitiously or forced upon the accuser.

As your attorneys, we would aggressively challenge drug-facilitated rape charges by:

• Hiring toxicologists to scrutinize blood and urine samples for any indication you administered drugs without consent. Many accusers assume they were drugged when in fact they voluntarily became extremely intoxicated.
• Interviewing witnesses to establish a timeline of drinks consumed and behavior exhibited by the accuser. Dramatic shifts in demeanor or awareness would be telling signs of surreptitious drugging.
• Presenting your own toxicology report showing no traces of date rape drugs in your system. The absence of such drugs makes it highly unlikely you planned to incapacitate the accuser.
• Arguing the accuser consented to taking drugs and/or drinking alcohol with you, and later regretted their intoxicated decisions. Poor judgment while voluntarily impaired does not constitute rape or sexual battery under the law.

Our goal is to show jurors the accuser willingly took substances but falsely accused you of rape when they regretted their choices. While deeply challenging, these cases can be won with an experienced legal defense.

Defending Against Allegations from Years or Decades Ago

Thanks to DNA evidence and changing attitudes, prosecutors are now charging some defendants with rapes and sexual assaults alleged to have occurred years or decades in the past. However, the passage of time often benefits the defense.

To defend against old allegations, our strategy focuses on:

• Highlighting memory lapses and inconsistencies inevitable after so many years. The accuser may have incorrect recollections or subconsciously filled in gaps over time.
• Disputing any DNA evidence as contaminated or inconclusive after such a long period. We work with DNA experts to expose flaws in analysis of degraded samples.
• Seeking to exclude hearsay statements made by the accuser long ago to others. These cannot be cross-examined in court.
• Questioning the accuser’s motives given the abrupt resurfacing of dormant allegations. Money, publicity and litigation are common underlying motives.
• Arguing that you are not the same person today, and that the accuser’s account may involve an entirely different person.

While old allegations present challenges, they ultimately rest on vague memories that we can dispute with hard evidence. Our track record proves these charges can be overcome.

Trust a Former Sex Crimes Prosecutor to Defend You

A unique advantage of our firm is that one of our top attorneys previously served as a sex crimes prosecutor. She understands firsthand how prosecutors build cases and where weaknesses can be exposed. Clients benefit from her experience on both sides of these complex cases.

As your attorneys, our sole focus is to exhaustively investigate the facts, build the strongest defense possible, and achieve the best outcome we can. We will fight to protect your rights, your freedom, and your future. Every client is treated with respect, discretion and absolutely confidentiality.

To schedule a free consultation with our experienced sex crimes defense lawyers, contact us 24/7 online or call us at 555-555-1234. We are here to help.</p