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Date Rape

Sex crimes are serious criminal offenses which could impose some of the stiffest punishments permitted by Florida Law. However, it has become increasingly common for both males and females to be falsely accused of sexual battery throughout our state.

Being convicted of a sex crime could result in a lengthy prison sentence, costly fines, and being required to register as a sex offender. Even merely being accused of a sex crime could bring your entire life into question and transform a highly respected person into a social pariah.

When a person has been charged with sexual battery, a strong, knowledgeable Miami Sex Crimes Defense Attorney is needed to prove their innocence and restore their good name.

Miami, Florida Date Rape Defense Attorney

If you have been charged with rape, sexual battery, aggravated sexual battery, or any sex crime in Miami-Dade County, Florida, you need an experienced Sex Crimes Defense Attorney to help fight for your rights and prove your innocence.

Attorney Matt Hoffman has experience handling complex criminal cases and has successfully represented clients in Miami, Homestead, Miami Gardens, Key Biscayne, and various other cities in Miami-Dade County as well as students at the University of Miami, Florida International University, and Miami Dade College.

Contact The Hoffman Firm today at (305) 249-0090 or submit an online contact form to schedule your case evaluation to discuss your legal options with a knowledgeable Miami Criminal Defense Attorney.


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What is "Date Rape"?

According to Florida Statute 794.011, "sexual battery" or "rape" is any non-consensual oral, anal, or vaginal penetration by another person's sexual organ or an object.

In addition to the general sexual battery, several enhanced forms of sexual battery can be committed in Florida. One of which is Aggravated Sexual Battery.

"Aggravated Sexual Battery", commonly referred to as "date rape", is defined as the following:

  • The Defendant Engaging in Oral, Anal, or Vaginal Sex,
  • By Penetrating the Alleged Victim with His or Her Sexual Organ, or
  • By Penetrating the Alleged Victim with an Object,
  • While the Alleged Victim was Unable to Consent Due to Mentally Incapacitation.

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What is Mental Incapacitation?

"Mental incapacitation" is defined by Florida Statute 794.011 as being:

  • Temporarily incapable of assessing or controlling one's own conduct,
  • Due to the influence of a narcotic, anesthetic, or intoxicating substance,
  • Administered to the Alleged Victim without his or her consent, or
  • Due to any other act committed upon the Alleged Victim without his or her consent.

What Could Result from an Aggravated Sexual Battery Conviction?

First Degree Felony:

An Aggravated Sexual Battery Offense is Classified as a First Degree Felony When:

  • The Victim was at Least Eighteen (18) Years of Age When the Alleged Offense Took Place.

First Degree Felonies Convictions Impose a Mandatory Prison Sentence of Thirty-Four and a Half (34.5) Months.

In Addition, the Court Could Impose any Combination of the Following Penalties:

  • Prison sentence of up to thirty (30) years,
  • Sexual Offender Probation for up to thirty (30) years, and possibly
  • A Fine of up to $10,000

Life Felony:

An Aggravated Sexual Battery Offense is Classified as a Life Felony When:

  • The victim was Between the Ages of Twelve (12) and Eighteen (18) Years of Age When the Alleged Offense Took Place.

Life Felony Convictions Impose a Mandatory Prison Sentence of One Hundred and Eight (108) Months in Prison.

In Addition, the Court Could Impose any Combination of the Following Penalties:

  • Life in prison,
  • Sexual Offender Probation for the Remainder of the Defendant's Life, and possibly
  • A Fine of up to $10,000

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Available Defenses for Aggravated Sexual Battery

In Florida, two statutory defenses exist that could prove a defendant's innocence when faced with an Aggravated Sexual Battery allegation. This includes:

  • Consent, and
  • False Allegations

Consent

Florida Statute 794.011 defines "consent" as intelligently, knowingly, or voluntarily consenting to a sexual act. However, a coerced submission or a failure to physically resist a sexual act will not be considered by a court as consent.

This means that if an alleged victim states they were unknowingly drugged by the defendant or were too intoxicated to consent to the sexual conduct, a jury could conclude the aggravated sexual battery indeed occurred.

False Allegations

Being falsely accused of aggravated sexual battery has become increasingly common throughout the State of Florida. Though being accused falsely accused of a crime is not an enjoyable experience, effectively proving an allegation is false is a valid defense in Florida and would result in exoneration. Some of the unjustified reasons people create False Allegations are:

  • Jealousy,
  • Fear of Being Caught Cheating on their Spouse,
  • Manipulation by a Third-Party,
  • Lack of Sound Judgment, or
  • Mental Illness

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Additional Resources

Florida Council Against Sexual Violence – Visit this website for more information about FCASV's efforts to protect communities from sexual related acts of violence by providing information and varying resources to the public and Florida's local government entities.

Office of Women's Health – Visit this website to acquire more information about the Office of Women's Health's efforts to prevent violence against women and girls through model programs, public policy reform, and effective communication.


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Miami-Dade County Aggravated Sexual Battery Attorney

If you have been falsely accused of committing a sex crime including, rape, date rape, sexual battery, or aggravated sexual battery, it is imperative that you acquire a skilled Miami-Dade Criminal Defense Attorney to help preserve your rights and defend you from the harsh penalties that could result from a conviction.

When faced with such serious allegations, every minute is precious when preparing your defense. Contact The Hoffman Firm at (305) 249-0090 or submit an online contact form to discuss your case with an experienced Sex Crimes Criminal Defense Attorney today.


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Free Consultation

All fields are required. The use of this form for communication with our personnel does not establish an attorney-client relationship.

Evan A. Hoffman

Evan A. Hoffman

Mr. Hoffman’s philosophy is "our knowledge and experience is your best defense." He has been a featured author on criminal law issues such as driving under the influence, domestic violence and illegal searches.

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