Your Defense Against Date Rape Charges in Orlando
An accusation of date rape is a serious criminal charge. For a sexual encounter you considered consensual, you can face the same consequences as a sexual predator who attacks a stranger in a park.
At The Bigney Law Firm in Orlando, Florida, our lawyers are dedicated to protecting you against the prejudgment that often accompanies date rape charges. Our goal is to spare you the humiliation of being charged with a sex crime whenever possible. We offer a free initial consultation to evaluate your case and explore defenses.
What is Date Rape?
Date rape is a sexual battery against someone who you are on a date with, meaning the non-consensual oral, anal or vaginal penetration by, or union with the sexual organ of another, or penetration using an object.
The main argument of a date rape charge involves the issue of consent. Under Florida law, consent means the intelligent, knowing and voluntary consent that is absent of coerced submission. Lack of physical resistance is often not an argument for consent.
If you are accused of raping someone while on a date in Florida, you will be charged with sexual battery. If the person you are accused of raping is 18 years of age or older, you will be charged with a second degree felony, punishable by up to 15 years in prison. If the alleged victim was 12 to 18 years of age, you will be charged with a first degree felony, punishable by up to 20 years of prison.
All sexual battery crimes are subject to sex offender registration as well as civil commitment proceedings under the Jimmy Ryce Act.
Defenses in Date Rape Cases
The focus in date rape cases is typically:
- Whether sexual battery occurred
- What was the background of the situation
- Whether sex was consensual (if the victim is 16 or older)
Consent is not a defense if the victim is under the age of 16.
Date rape charges sometimes include allegations that you impaired the victim by giving her alcohol or drugs such as Rohypnol (also known as roofies).
Free Case Evaluation
If you face date rape charges, your best defense is to contact a lawyer as soon as possible. To schedule a free case evaluation with an attorney at the Bigney Law Firm, call 407-792-2923 any time of the day or night or fill out our contact form. For your convenience, our office is located in downtown Orlando, Florida, one block behind the courthouse. Se habla Español.
