Experienced and Respected Criminal Defense
Main Office:
6099 Stirling Road
Suite 217
Davie, FL 33314
954-791-3939
Broward Office:
1327 SE 2nd Ave.
Fort Lauderdale
Florida 33316
954-760-9911
Miami Dade Office:
By Appointment Only

Miami, FL
305-567-1211

Date Rape

Date Rape is the criminal act of raping another person while on a date or similar rendezvous with that person. It usually occurs in the context of slipping drugs into the food or drink of another person to eliminate that person’s ability to withhold consent to sexual activity. It may also occur where two people engage in sex after one is intoxicated, even where such intoxication was voluntary and foreseeable. Having sex with someone who is too intoxicated to withhold consent is criminal and punishable as rape, even if it appears, after ingestion of alcohol or drugs, that a person consents to the sexual activity. These situations occur often in Miami and Fort Lauderdale, because these areas are filled with night clubs, social settings, and other events serving alcohol and other such inebriating substances. To prove the criminal violation of Date Rape, the State Attorney must prove beyond a reasonable doubt that the criminal suspect committed an act upon the victim in which the sexual organ of either criminal suspect or the victim had union with the anus, vagina, penis, or mouth of the other, and the victim was physically helpless to resist. This usually occurs due to the criminal suspect’s act of administering or having knowledge of another’s administering of a narcotic, anesthetic, or other intoxicating substance that mentally or physically incapacitated the victim, without the victim’s prior knowledge or consent. “Consent” means intelligent, knowing, and voluntary consent and does not include coerced submission. Consent does not mean the failure by the alleged victim to offer physical resistance to the offender. Evidence of the victim’s mental incapacity or defect, if any, may be considered in determining whether there was an intelligent, knowing, and voluntary consent.” Mentally incapacitated” means that a person is rendered temporarily incapable of appraising or controlling his or her conduct due to the influence of a narcotic, anesthetic, or intoxicating substance administered to that person without his or her consent, or due to any other act committed upon that person without his or her consent. “Union” means contact. “Physically helpless” means that a person is unconscious, asleep, or for any other reason physically unable to communicate unwillingness to act. “Physically incapacitated” means that a person is bodily impaired or handicapped and substantially limited in his or her ability to resist or flee an act.

If you have been charged with Date Rape in Miami, Fort Lauderdale, Broward County, or Miami Dade County, you should consult an experienced competent Fort Lauderdale Date Rape Defense Attorney who can represent you in criminal court. Kenneth P. Hassett of Hassett and Associates, P.A. is a criminal defense attorney who represents clients in Miami, Fort Lauderdale, Broward County, Miami Dade County, and the rest of South Florida. Having a criminal defense lawyer to represent you in criminal court is advantageous, especially when charged with serious criminal offenses. Contact Hassett and Associates, P.A. for an immediate free consultation 24 hours per day seven days per week with a criminal defense attorney if you have been charged with these criminal offenses.

794.011 Sexual battery.

794.022 Rules of evidence.

794.024 Unlawful to disclose identifying information.

794.026 Civil right of action for communicating the identity of a sexual crime victim.

794.027 Duty to report sexual battery; penalties.

794.055 Access to services for victims of sexual battery.

Disclaimer

The information on this page does not represent legal advice. Florida Statues obtained from Online Sunshine, www.leg.state.fl.us, the official site of the Florida Legislature. Because the law is continually changing, some of the provisions contained herein may be out of date. It is always wise to seek counsel from an experienced criminal attorney like Kenneth Hassett.

If you have been charged as an Accessory After the Fact or a Principal in the First Degree to a criminal offense in Broward or Miami-Dade County, call Criminal Defense Attorney Kenneth P. Hassett.