Date Rape Charges: Why You Need an Experienced West Palm Beach Defense Lawyer
It’s not so often you hear cases concerning date rape around the country. People think that proving date rape cases is challenging as the two individuals are in a romantic relationship. However, in Florida, it’s essential to indicate that date rape cases are prevalent, and you could be the next victim of an offense punishable by law.
What is Date Rape?
In Florida, any non-consensual sexual encounter with a date is considered a rape crime. This involves not only any sexual intercourse by force but also touching your partner’s sexual organs without consent. There’s no doubt that date rape seems debatable, but it’s essential to understand everything behind this crime before you find yourself on a sex offender list.
As you’ll discover, date rape doesn’t only occur between strangers meeting for the first time. It can happen in a long-term relationship between couples who have been together for years. In most cases, the offending party uses force to initiate sexual contact with the victim. This seems to be the most common type of date rape reported in local courts.
However, in recent times, date rape drugs have become common, and offenders use them to make the victim lose consciousness. It has been established that date rape drugs usually cause the victim to be unable to physically or mentally deny any sexual advances from the offender.
What is Consent in Date Rape Cases in Florida?
In Florida, a prosecutor in date rape cases does not concentrate on the relationship between the offender and the victim. In this case, any names or words used to describe the couple’s relationship do not work. Instead, the prosecutor will mainly concentrate on interrogating the victim’s lack of consent. In this case, the legal threshold of consent dictates that a person must;
- Be intelligent
- Knowingly engaged in sex or
- Voluntarily agree to sex
It’s under Florida Statute 795.011 where the issue of drug rape and consent comes in. Under this statute, if you’re involved in using anesthetics, narcotics or intoxicating drugs to incapacitate an individual for non-consensual sex, you’ll be charged with sexual battery.
A prosecutor will argue that ingesting date rape drugs incapacitated the victim to the extent that they could not voluntarily or knowingly consent to a sexual relationship. Importantly, even if you did not drug the victim but knew someone had done it, you’ll be charged with date rape. Generally, date rape law prohibits any form of sexual contact with any person who’s sleeping, unconscious, or unable to communicate unwillingness to a sexual act.
What are the Potential Date Rape Charges in West Palm Beach, Florida?
Date rape is a severe offense and is usually considered sexual battery under Florida’s criminal punishment code. You’ll be charged with a second-degree felony, which could quickly turn your life upside down. In such a case, you’ll suffer not only extreme financial challenges, damaged reputation, and probationary periods but also other severe punishments, as discussed below.
First Degree Felony Charge for Aggravated Sexual Battery
In this charge, if the victim is 18 years of age or older, a judge will impose a mandatory prison sentence of a minimum of 34 months and a maximum of 30 years. You’ll also register as a sex offender, which could last for 30 years. Besides sentencing and sex offender probation, it’s essential to indicate that you’ll face extreme financial repercussions with fines of up to $10,000.
Life Felony Charge for Aggravated Sexual Battery
If the victim is 12 to 18 years of age when the date rape occurred, you’ll be charged with a felony charge for aggravated sexual battery. Life felony charges are severe and carry sex offender probation for life. There’s also a higher probability of getting a life sentence and extreme financial fines of up to $10,000.
These are not the only charges and convictions you’ll be facing. The prosecutor and the judge interrogate each case independently. You’re likely to face even more charges and other extreme convictions if the following conditions are fulfilled.
- Use of violence
- Presence of date rape drugs such as GHB or Rohypnol
- The victim is a minor
- The use of a deadly weapon
- The victim was incapacitated; mentally or physically
What Can You Do After Date Rape Accusations?
You’ll be shocked when you learn the news of date rape accusations. At this stage, you’re under investigation, and the prosecutor might table charges if they have enough evidence. In this case, the most appropriate strategy is to get an experienced date rape defense lawyer in West Palm Beach, FL. However, before you can get your attorney going, here are some essential strategies to follow.
Create a Timeline
Immediately you learn of the accusations, create a timeline of the events. This will come in handy when you start building your defense. Your lawyer can use this to poke holes in the accuser’s story and offer an alternative account of what transpired. Ensure you’re as detailed as possible and include even the most minor details.
Don’t Contact the Accuser.
You might be tempted to get in touch with the accuser and try to talk things out. This is a terrible idea that will only make things worse. The last thing you want is to come off as threatening or intimidating. The best thing to do is let your lawyer handle all communication. Besides, trying to talk things out might create an impression that you’re guilty.
Gather Evidence
If any evidence can help your case, collect it as soon as possible. This could include text messages, videos, or even eyewitness accounts. The sooner you have this evidence, the better your chances of winning the case. Any assistance could make a big difference, so don’t hesitate to ask for help.
Do Not Make a Statement
You might want to make a statement as a form of damage control. However, it’s essential to remember that anything you say can and will be used against you. The best thing to do is wait for your lawyer and let them handle all communication with the authorities. Remain calm and carefully analyze what you say and to whom you say it.
Get An Experienced Date Rape Defense Attorney
Over the years, there have been date rape victims who have chosen to represent themselves in date rape cases. Such individuals probably think it easier to fight allegations and win the case quickly. Others underestimate the issue and perceive that they’ll only get a short sentence or a fine if they’re found guilty.
However, trends indicate that most victims think self-representation does not make sense because it helps them save legal fees. This is the greatest mistake you can make in a date rape case. You don’t have any legal experience, allowing the prosecutor to pin you down even with refutable evidence.
As discussed above, date rape accusations can potentially put you behind bars for the rest of your life. Besides the possibility of life imprisonment, you’ll suffer huge fines while also getting on the sex offender register for the rest of your life. Your life, finances, and reputation are at stake. The only feasible way out of this is by working with an experienced and reputable date rape lawyer West Palm Beach, Florida.
How Can a Date Rape Defense Lawyer Assist in Your Case?
For a start, an experienced date rape defense attorney will assist you in dealing with legal formalities. This means you’ll be organized when collecting evidence, providing written testimony, and even undergoing any other assessment the court may request. You’ll also be able to adhere to other formalities such as case hearing dates, mentions, and judgements, which have always been tricky for people with no legal background.
However, the most critical assistance you’ll get from an experienced date rape defense lawyer is the legal defense in court. The ultimate purpose of a lawyer is to defend you in court by poking holes in the prosecutor’s evidence and the victim’s testimony.
What Possible Defenses Can You Use in a Date Rape Case?
As highlighted above, a reputable West Palm Beach defense attorney can help you argue your case using various defenses and win the case. Some of these defenses include:
1. Consent
As discussed above, the defense must show that the victim consented to the sexual activity. This can be done in several ways, but most commonly, the defense will try to show that there was some verbal or nonverbal communication between you and the victim that indicated that she was okay with engaging in sexual activity. You can also prove consent through recorded conversations, social media messages, or even text messages.
2. Mistake of Fact
Another possible defense is that you reasonably believed that the victim consented to the sexual activity. This is known as the mistake of fact defense, and it can be used even if the victim did not consent. However, you must have had a reasonable belief that the victim consented, and this belief must have been based on the circumstances. Some of these circumstances include if she led you to believe that she wanted to have sex or if she had sex with you in the past.
3. False Accusations
Over the years, there have been many cases where individuals have been falsely accused of date rape. This can happen for various reasons, but most commonly, it is because the victim regrets having sex or was pressured into filing a false report by someone else. To use this defense, you will need to provide evidence that proves that the accusations against you are false. This evidence can include text messages, social media messages, or recorded conversations.
4. Mistaken Identity
It’s not out of this world to be wrongfully accused of date rape due to mistaken identity. This usually happens when there is more than one person involved in the sexual activity or if the victim was intoxicated and did not remember who she had sex with. To use this defense, you will need to provide evidence that proves that you were not the one who committed the crime. This evidence includes an alibi, video footage, or DNA evidence.
5. Violation of Legal Rights
In this defense, the attorney must show that your constitutional rights were violated during the investigation or arrest. This can happen if the police did not have a warrant to search your home or if they used excessive force when arresting you. If your attorney can prove that your rights were violated, then it is likely that the charges against you will be dropped. However, this is a tough defense to win a date rape case because it doesn’t refute the fact that the crime was committed.
A Lawyer Can Get Your Date Rape Case Dropped
In some exceptional circumstances, a lawyer might force your date rape case to be dropped before proceeding to the trial stage. This is a strategic approach that very many lawyers have succeeded in over the years. It’s a massive achievement because it helps you move away from accusations quickly and return to your life instead of fighting rape charges for many months or years.
However, dropping date rape charges is not easy. There are some particular circumstances under which your rape charges might be dropped. For example, a prosecutor might agree to drop your date rape charges if:
- The evidence against you is weak
- The alleged victim refuses to cooperate with the prosecution
- There are questions about the credibility of the alleged victim
A lawyer can also negotiate with the prosecutor to reduce your date rape charges from a felony to a misdemeanor. This is also an excellent way to drop your charges, especially if you have no criminal record. However, you should only agree to a plea deal if it’s in your best interest and there’s irrefutable evidence against you.
Contact Date Rape Defense Attorney at Meltzer & Bell, P.A. in West Palm Beach Today
If you’ve been arrested or are under investigation for date rape charges in West Palm Beach, Florida, getting a reputable defense attorney is the best chance of defending yourself. As discussed above, date rape charges are serious, and you could face life imprisonment and severe financial penalties.
At Meltzer & Bell, P. A., we’re an experienced legal firm in West Palm Beach. We’ve built a reputation in the legal industry by defending our clients in varying criminal cases. We believe we’re better suited to handling your date rape case, pushing for a case dismissal, or eventually reducing your penalties.
Contact our defense lawyers today for a free evaluation of your case.
