Boca Raton Rape & Sexual Battery Lawyers
Being a victim of rape or sexual battery is a horrific experience that can leave lasting trauma. If you or someone you love has been victimized in the Boca Raton area, you need strong legal advocates on your side. This article provides an overview of rape and sexual battery laws in Florida, as well as how an experienced Boca Raton sex crimes attorney can help.
Understanding Rape and Sexual Battery
Rape and sexual battery are serious violent crimes that involve non-consensual sexual acts. According to Florida statutes, sexual battery occurs when oral, anal or vaginal penetration takes place without the victim’s consent. Rape is legally defined as sexual battery involving vaginal intercourse by a man on a woman.
It’s important to understand that consent cannot legally be given if the victim is under 16 years old, intoxicated or incapacitated by drugs or alcohol, or if the perpetrator uses coercion, threats or force. Any non-consensual sexual act, even between spouses, is considered criminal sexual battery under Florida law.
Common Defenses in Rape and Sexual Battery Cases
Some common defenses used in rape and sexual battery cases include:
- Consent – The defendant claims the victim consented to the sexual act. However, consent is invalid if given under duress or if the victim was legally unable to provide consent.
- Mistaken identity – The defendant claims it was a case of mistaken identity and they are not the actual perpetrator.
- False accusations – The defendant claims the charges were fabricated and the sexual encounter did not occur. However, false rape accusations are rare, occurring in only 2-8% of reports.
- Intoxication – The defendant claims they were too intoxicated to knowingly commit the crime. However, voluntary intoxication is not a valid criminal defense in Florida.
Why Hire a Boca Raton Sexual Battery Lawyer?
Being charged with rape or sexual battery can completely upend your life. These allegations can destroy your reputation, strain personal relationships and lead to long-term consequences. An experienced sex crimes lawyer understands the complexities of these cases and will aggressively defend your rights.
Benefits of hiring a skilled Boca Raton sexual battery attorney include:
- Thorough investigation – Gathering all evidence and interviewing witnesses to build the strongest defense.
- Expert negotiators – Leveraging their courtroom experience to potentially get charges reduced or dismissed through plea bargains.
- Trial experience – If necessary, defending you through a jury trial and advocating for your acquittal.
- Reduced penalties – Even if convicted, arguing for minimized fines, probation terms and jail time.
- Support and guidance – Helping you navigate the legal process and emotional turmoil.
Finding the Right Boca Raton Sexual Battery Lawyer
If you or a loved one is facing rape or sexual battery charges, it’s critical to have an assertive lawyer protecting your rights. Consider the following when choosing legal representation:
- Exclusively handles sex crimes – Look for a firm focused solely on defending rape and sexual battery cases. They will have the most relevant experience.
- Successful track record – Ask about case results and dismissal rates. An effective lawyer should have a history of favorable outcomes.
- Local knowledge – Opt for an attorney well-versed in Florida laws and the local court system. This gives them an advantage.
- Personable service – The ability to compassionately communicate with victims of sexual violence is key. Ensure they prioritize your emotional needs.
- Free consultation – Most sexual battery lawyers offer a free case review and analysis. This lets you make an informed decision.
- Payment plans – Many firms work on retainers and accept payment plans, recognizing the financial constraints victims often face.
What to Expect in a Boca Raton Sexual Battery Case
Sexual battery cases involve a number of phases from arrest to resolution. Here’s what you can expect:
Arrest and Charges – If probable cause is established, the accused will be arrested and formally charged. For rape, this is typically a first-degree felony.
Release – At the initial appearance, bail terms and pre-trial release conditions will be set. Your lawyer can argue for minimized bail and release on your own recognizance.
Plea Negotiations – Your attorney will discuss plea bargain options with the prosecutor, which may include reduced charges or sentencing recommendations. Over 90% of criminal cases end in pleas.
Motions – Your lawyer may make motions to get certain evidence or statements suppressed or excluded from the trial.
Trial – If a plea deal cannot be reached, your case will go to trial. Your lawyer will argue against the charges before a judge or jury.
Sentencing – If convicted, your attorney will advocate for the minimum penalties allowed by law. This can involve probation, fines, restitution and jail time.
Sex Offender Registration – If convicted of certain charges, you may be required to register as a sex offender in Florida. Your lawyer can argue against this fate.
Appeals – Your attorney can appeal the verdict and sentence if there were any legal errors or constitutional rights violations during the trial.
Having an assertive lawyer to guide you through this complex process is critical. An experienced sexual battery attorney understands both the law and the local courts, and can build the strongest case for dismissal or acquittal.
Finding Justice and Healing After Sexual Battery
The trauma of rape and sexual assault can be devastating and long lasting. As your case proceeds, don’t hesitate to utilize counseling and victims’ support services. Your lawyer, doctor and local organizations can refer you to the proper resources.
Though the legal process itself can be an emotional rollercoaster, many victims ultimately find the experience empowering. By exercising their rights and confronting their perpetrators, they regain a sense of control. No matter the end result, this can facilitate healing and closure.
Consult a Boca Raton Sex Crimes Lawyer Today
Navigating a sexual battery case in Florida requires comprehensive legal guidance. The lawyers of My Firm have over 20 years successfully defending clients accused of rape, molestation and related sex offenses. We have an in-depth understanding of state laws and law enforcement, and a proven record of favorable case results.
If you or someone you care about has been accused of sexual battery or rape, contact us 24/7 for a free case evaluation. We will carefully examine the charges and evidence against you, and advise you of all your rights and options. Together, we will build an aggressive defense to clear your name. You deserve compassionate counsel and an unwavering advocate in your corner.