Fort Lauderdale Date Rape Lawyer

Florida criminalizes date rape, which occurs when someone engages in a sexual act with someone else without consent while on a date. This offense can happen in many different types of situations, including between relative strangers on first dates and between people in long-term relationships when one partner forces the other into engaging in sex without consent. The person who engages in date rape might use force or drugs to facilitate the act. Date rape drugs can render a victim unconscious or leave them in a mental or physical state in which they are unable to resist the abuser. If an excessive amount of date rape drugs are administered to the victim, it could also result in their death. If you have been accused of committing date rape, it is critical for you to retain an experienced Fort Lauderdale date rape lawyer at Hassett & Associates to build the strongest possible defense against your charges.

Understanding Date Rape in Florida

Florida defines sexual battery in § 794.011(1)(j), Fla. Stat. (2022), which includes the offense commonly known as date rape. Sexual battery involves oral, anal, or vaginal penetration of a victim by an abuser with the abuser’s sexual organ or another object without the victim’s consent. Date rape is a serious felony crime in Florida and can result in a long prison sentence, sex offender probation, steep fines, lifetime sex offender registration, and a ruined reputation.

This offense involves sexual battery when a victim was involved in a romantic relationship with the defendant or was a potential romantic partner of the defendant. Even though date rape occurs between people who have at least an acquaintance relationship with each other, it is still punished just as harshly as a sexual battery committed by a defendant against a stranger. The facts and circumstances of how the offense occurred will affect the potential penalties the defendant might face rather than the nature of the relationship between the victim and the defendant.

Sexual battery is a second-degree felony that carries a prison sentence of a maximum of 15 years, a maximum of 15 years of sex offender probation, and a maximum fine of $10,000. If any of the following aggravating circumstances are present, the penalties faced by the defendant will be enhanced:

• Victim was a minor
• Defendant used a firearm or another deadly weapon
• Victim was mentally or physically incapacitated
• Defendant was in a position of authority
• Defendant used physical force
• Victim was drugged by the defendant
• Victim was intoxicated, and the defendant took advantage

What to Do if You Are Accused of Date Rape in Florida

Like other sex crimes, date rape is a serious crime in Florida carrying severe punishments. If you are convicted of this offense, it will permanently and negatively change your life. When you learn that you have been accused of date rape, you should take the following steps until you have retained an experienced Fort Lauderdale criminal defense lawyer at Hassett & Associates to protect your rights:

• Exercise your right to remain silent – You have a constitutional right to remain silent and do not have to answer any questions you might be asked by a law enforcement officer. The fact that you chose not to talk to the police cannot be used against you as evidence by a prosecutor. Ignore the pressure the police might place on you to submit to an interrogation. Instead, tell the officer you are exercising your right to remain silent and that you want to speak with Fort Lauderdale criminal defense lawyer Kenneth P. Hassett. When you assert your rights, the police must immediately stop questioning you.

Don’t make the mistake of believing you can talk your way out of the situation. In nearly every case in which an accused person voluntarily agrees to talk to the police, they cause damage to their potential defense case. Resist the urge to talk and get a lawyer immediately.

• Don’t speak to the accuser – When you have been accused of date rape, it’s understandable that you might feel blindsided and want an explanation from the person who accused you. However, trying to reach out to the alleged victim is never a good idea. Do not call, email, or text the alleged victim in your case, and don’t ask someone to intercede with them for you. If you do, your attempts can be used by the prosecutor as evidence against you.

• Make a list of all potential defense witnesses – Write down a list of anyone who has direct knowledge of what happened and can support your case. List anyone who might be able to offer relevant information about what occurred on your behalf. Fort Lauderdale date rape lawyer Kenneth P. Hassett can then interview your potential witnesses to determine whether they might have good information to use in your defense.

• Collect all relevant evidence – Before you meet with your attorney, collect all relevant evidence that you think might be helpful for your defense. This might include photographs, text messages, emails, receipts, GPS records, and anything else that might be useful for proving that you were somewhere else than where the accuser claims you were at the time and place they claim the incident occurred.

• Write down a timeline of what happened – As soon as possible, write down a timeline of everything you recall that includes information, locations, and witnesses. This is helpful to do soon after you learn about the accusations before your memories begin to fade.

Bring all of this information with you to your consultation with Fort Lauderdale criminal defense lawyer Kenneth P. Hassett. These types of information can be helpful when your attorney reviews what occurred and identifies potential defenses that might be raised.

How to Defend Against Accusations of Date Rape in Florida

Many date rape cases are prosecuted solely based on the statements made by the alleged victims. The primary issue will be whether the victim consented to the sexual activity.

The defenses that might be raised will vary based on the situation. Some of the potential defenses might include the following:

• The accuser consented to the sexual activity.
• The victim mistakenly identified the defendant as the perpetrator.
• The victim falsely accused the defendant.
• The defendant had an alibi.
• The police officer violated the defendant’s constitutional rights.

The particular defense strategy your attorney might recommend will depend on the facts and circumstances of your case.

Can Date Rape Charges Be Dropped?

It is possible to get date rape charges dismissed when you can show that the victim falsely accused you, you were in a wholly different place at the time the incident occurred, or in other similar situations. In those types of situations, your attorney can present the evidence to the prosecutor to convince them to dismiss the charges against you.

Penalties for Date Rape

As previously noted, sexual battery is typically charged as a second-degree felony in Florida. However, when certain extenuating circumstances are present, the penalties could be enhanced. For example, if the victim was younger than 12, the charge could be enhanced to a first-degree felony offense carrying a potential sentence of life in prison.

The penalties can also be enhanced if drugs were used, the victim was mentally or physically disabled, weapons were used, or when physical violence was used to commit the offense.

You might also be required to register as a sex offender after you complete your prison sentence. If you are required to register, you can face additional charges if you fail to meet your registration requirements under the Florida Sexual Predators Act. This law could also prevent you from using the internet and provide public notification of your status as a sex offender. Under § 775.215, Fla. Stat. (2022), you could also be restricted from living within 1,000 feet of a school, daycare, or park.

Consult Fort Lauderdale Date Rape Lawyer Kenneth P. Hassett

Accusations of date rape are serious and should never be taken lightly. If you have been accused of date rape or have been arrested for this crime, you should remember to exercise your rights to remain silent and to retain a defense lawyer. Attorney Kenneth P. Hassett has defended people accused of all types of crimes for more than three decades and has extensive experience successfully defending people accused of serious sex crimes. Contact us today for immediate help with your case at (954) 791-3939.