Sexual battery or rape is one of the most serious sex offenses an individual can be accused of in Florida. An arrest and subsequent conviction will result not only in severe criminal penalties, but consequences in regards to your reputation, scrutiny by the public, even your career and relationships. At Adams, Luka, & Benton, our Orlando sex crimes defense lawyers are committed to providing those who have been charged with sexual battery or rape with solid, effective legal guidance and representation. Our top priority is protecting your legal rights, and preventing a conviction. In some cases, we may be able to prevent charges being filed.
Sexual battery encompasses several offenses, including rape, indecent assault, and sodomy. When any of these acts are committed or even attempted by an adult who is 18 years or older against a minor younger than 12, the accused will be charged with capital sexual battery. In Florida, consent is not an issue in cases involving children younger than 12, because it is presumed that children of this age are incapable of giving consent to sexual acts or abuse. As seasoned Orlando rape attorneys, we know that these are some of the most vigorously prosecuted crimes, carrying extremely harsh penalties for those convicted. In addition, people are wrongly accused of rape, sexual battery, and other sex crimes every day, because it is easy for an alleged victim to accuse someone out of spite or vengeance. It is often one person's word against the other, making these cases particularly complex.
Defenses to Sexual Battery or Rape in FloridaFlorida Statute 794.011 defines sexual battery or rape as oral, anal, or vaginal penetration of a person who does not consent, either physical penetration or penetration with any object. Defenses to sexual battery may include:
Ultimately, our Orlando rape lawyers will closely analyze all of the evidence available in order to determine the best defense strategy in your particular case.
Criminal Penalties for Sexual Battery or Rape in Orlando & Central FloridaAs mentioned above, the criminal penalties for rape or sexual battery are extremely severe. In Florida, rape is a first degree felony, assigned a severity of Level 8 under the state's Criminal Punishment Code. If convicted, the defendant may face:
Additionally, if a rape or sexual battery victim is between the ages of 12 and 18, the defendant may be sentenced to a maximum of 30 years in prison. Capital sexual battery of a child younger than 12 may result in a life prison term.
Contact Adams, Luka, & Benton ImmediatelyRape is one of the most serious crimes an individual may be accused of; if found guilty, your reputation and life will literally be ruined, not to mention the loss of your freedom. You will also be required to register as a sex offender upon release from prison, which will have a negative impact on every aspect of your life as well. At Adams, Luka, & Benton, we will provide you with the legal guidance and support essential to reach good results. Regardless of your innocence or guilt, we urge you to take action now and call us at (407) 872-0307 or (352) 787-2101 for a free consultation.
I would like thank my attorney Thomas Luka. I knew from the beginning I had the right guy in my corner. While celebrating with family and friends at a Public Park in Seminole County, a fight broke out among various people. Myself, and a good friend, broke up the fight and the instigators left. Six months later, I was wrongly accused as the person who started the fight. The first attorney I hired could not even get a response from the State Attorney handling the case. Someone referred me to Tom and I felt comfortable at his demeanor and reactions.
After conversations with Tom, who knew I would settle for nothing less than a FULL DISMISSAL due to my innocence, I hired him. His firm Adams, Luka, & Benton did the due diligence by interviewing witnesses and the police who were on the scene, as well as starting a dialogue with the State Attorney. After gathering statements from witnesses, Tom was able to present a strong argument on my behalf to the State Attorney on why the case should be dismissed. If the State Attorney was not willing to dismiss the case, Tom was ready to take the case to trial.
The result by Thomas Luka: Case Dismissed.
I am 53 years old with a spotless record and glad to keep it that way thanks to the time, effort, hard work, and professionalism of Adams, Luka, & Benton.