Miramar Sexual Assault Lawyers
What is Sexual Assault?
Sexual assault refers to any nonconsensual sexual act or behavior. This includes rape, groping, child molestation, and attempted rape. Sexual assault is never the victim’s fault—it occurs because the perpetrator decided to commit a crime, period.
Florida law divides sexual assault into a few categories:
- Sexual battery (rape)
- Lewd or lascivious offenses
- Unlawful sexual activity with minors
The punishments vary based on the type of offense, use of a weapon, and other factors. But any sexual assault charge is taken very seriously in Florida.
Common Defenses in Sexual Assault Cases
When representing a sexual assault suspect or defendant, defense attorneys often use certain arguments to cast doubt on the victim’s credibility and motives. Some common defenses include:
Consent.
The defendant argues the victim consented to the sexual contact. But consent must be affirmative, conscious, and ongoing. It can’t be implied by things like clothing choices or accepting drinks from the perpetrator.
Mistaken identity.
The defendant says the victim misidentified them as the assailant. But DNA evidence usually refutes this.
False accusations.
The defendant claims the victim is lying about the assault for money, revenge, or other motives. But false rape reports are very rare—only around 2-8% of cases.
Intoxication.
The defendant argues they were too drunk or high to know the victim wasn’t consenting. But intoxication is never a legal excuse for sexual assault.
A skilled Miramar sexual assault lawyer can counter these victim-blaming defenses and keep the focus on the perpetrator’s actions.