Tampa Rape Defense Lawyers

Defending Charges of Rape & Sexual Battery in Florida

Sexual battery, commonly referred to as rape, is one of the most aggressively prosecuted sex crimes. According to Florida Statute §794.011(h), sexual battery is the oral, anal, or vaginal penetration of an individual with an object or one's sexual organs, excluding penetration done for a medical purpose.

There are many penalties you could face if convicted. If you are over the age of 18 and charged with the sexual battery of an individual under 12, you could face capital felony charges. If you are convicted of a capital felony, according to Florida Statute §775.082, you will face the death penalty. If you have been charged with this crime, you must understand the severity of the situation and immediately seek skilled representation. Contact us today to discuss your charges. We understand the fear, anxiety, and uncertainty regarding the future that you may be experiencing, and you can be sure that we will work with you toward the results you need.

Sexual Assault & Sexual Violence

Sexual assault can include many different sexual acts. Assault involves causing fear of imminent danger or bodily injury on another person through violence. Sexual assault can involve physical contact and forcible commission of sexual acts, including rape. Per Florida Statutes § 784.046, "violence" constitutes sexual assault, sexual battery, or any criminal act that inflicts serious injury or death.

Sexual-specific violence charges include the following:

• Sexual battery
• Lewd or lascivious acts
• Luring or enticing a child
• Sexual performance by a child
• Any other felony that is forced and sexual in nature

Statutory Rape Charges

Statutory rape is the crime of sexual intercourse with a person under the age of 18. The age of consent in Florida is 18, and this means an individual who is above this age may consent to sex. A person under 18 cannot legally give consent to sexual intercourse with an adult. However, there is a distinction between the age of consent and the legal age of consent. A person aged 16-17 years old may consent to sex with someone not older than 24.

If you are more than 24 years of age and have engaged in sexual activity with a person 16-17 years of age, you could be arrested and charged with a second-degree felony. The penalties for conviction of a second-degree felony, according to Florida Statute §775.082, include a prison sentence of up to 15 years. In addition, you could be required to register as a sex offender.  This will follow you for the rest of your life and could prevent you from obtaining housing, employment, bank loans, and other benefits.

Facts & Figures About Sexual Battery

Throughout the state of Florida, there are thousands of reported sexual assaults:

• There are about 1.2 million women in Florida who have been the victims of rape.
• 17% of women in Florida (1 in 6) claim to have been raped.
• Roughly 2-8% of reported sexual assaults are allegedly false.

Charged with Sexual Battery/Rape in Tampa?

If you have been charged with rape or sexual battery, it is vital for you to get immediate help. If you have been arrested, you need to be aware of your rights: You need to remain silent. Per the Fifth Amendment, you have the right to remain silent. You have the right to an attorney. It is crucial that you pursue skillful representation as soon as possible. If you've been arrested, remain silent until you can consult with your attorney. At Thomas & Paulk, our Tampa rape defense lawyers have more than 40 years of collective experience to defend you.

For a free, confidential review of your case, call (813) 321-7323 or contact us online. We're here to help.