Fort Lauderdale Rape Lawyer
Rape is one of the most serious offenses in Florida, and it is no longer considered a separate crime from sexual battery. Those accused of rape will face felony charges, which are the most serious classification of criminal offenses in Fort Lauderdale. If you have been charged with rape, our Fort Lauderdale rape lawyer has the necessary experience and resources to provide the strong defense you need.
What is Rape in Fort Lauderdale?
In order to secure a conviction for the offense of rape in Fort Lauderdale, the prosecution must show that the defendant participated in a sexual act with a victim against their will. Oral, vaginal, and anal sexual acts are all covered under the Florida Statutes. If the victim was a minor at the time of the act, or even under the age of 18 years old, the accused may face charges of statutory rape.
Defenses to Rape Charges in Fort Lauderdale
Many people think they can raise the alleged victim’s past sexual history as a defense to rape, but that is not true. The only defense available in cases involving rape is that the alleged victim voluntarily consented to the act. However, in the event that the victim was a minor, consent is not a defense.
Penalties for Rape in Fort Lauderdale
A person will face many serious penalties if they are convicted of rape. The exact sentence will depend on the circumstances surrounding the crime. The penalties for rape may include:
- Life in prison without the chance of parole or the death penalty, if sexual battery was committed upon a child under the age of 12, and the perpetrator was older than 18 years old at the time. If the defendant was under the age of 18 years old, the offense is considered a life felony.
- Life in prison if a deadly weapon was used during the commission of the crime, and the victim was 12 years old or younger. If a Fort Lauderdale rape lawyer can establish a circumstance of Florid law, the charge can be reduced to a first degree felony, which carries a sentence of 30 years in prison.
- 15 years in prison for a second degree felony when the victim was older than twelve.
- Mandatory registration on the National Sex Offender Registry
All of the above penalties are very serious. Even when a person does not spend the rest of their life in prison, they will have a criminal record that will make it more difficult for them to obtain housing, employment, and even academic opportunities.
Call an Experienced Fort Lauderdale Rape Lawyer Today
Rape is taken extremely seriously in Florida, and you need a solid defense to help you beat the charges. I am Kevin J. Kulik, a Fort Lauderdale sexual assault defense lawyer and I have the necessary experience with these charges to give you the best chance of a successful outcome. Call me today at 954-761-9411 or fill out our online form to schedule a free confidential consultation.