Key Largo Rape Defense Lawyers

Experienced Rape Defense Lawyers Protecting Clients' Rights in Key Largo, FL

People who are accused of sex crimes can face multiple types of serious penalties. Some of the most serious charges in this category involve rape. A person may be accused of rape by someone who claims that they engaged in sexual intercourse with another person without that person's consent. These allegations can lead to serious criminal charges, and a person who is convicted of an offense involving rape could be sentenced to years or decades in prison, be required to pay high fines and restitution, and be classified as a sex offender.

The specific penalties a person may face after being accused of rape will depend on the circumstances surrounding the situation. At Keys Criminal Defense, PLLC, our attorneys can help clients determine how to respond to accusations of rape and how to defend against criminal convictions. We will work to demonstrate that our client did not commit the offense in question, and we will help protect their reputation and make sure they are treated fairly throughout the legal process.

How Florida Law Defines Rape

People who are accused of rape in Florida will typically be charged with sexual battery. This offense covers all forms of sexual contact that have allegedly occurred without consent. However, because rape accusations will typically involve claims that a person forced someone else to engage in sexual intercourse without their consent, the penalties a person can face if they are convicted are likely to be serious.

Consent is a key factor in cases involving allegations of rape. A person could be charged with rape if they engaged in sexual intercourse in a situation where the other party did not voluntarily give consent. A person may be accused of using coercion or threats against the alleged victim, or the alleged victim may claim that they did not or could not willingly give consent because they were intoxicated or incapacitated. Accusations of rape may be made by a stranger, an acquaintance, a dating partner, or a person's spouse.

Reasons a Person May Be Charged With Rape in Key Largo

In many cases where people are accused of rape, the parties involved may disagree about what happened. During a social gathering or party where people were using alcohol or drugs, an encounter that one person believed was consensual may lead to charges of rape by the other party, who may claim that they could not give consent because they were intoxicated. In other cases, a person may be accused of using threats or violence to force someone else to have sexual intercourse. A person who had a position of trust or authority over another person may be accused of using coercion or manipulation to have a sexual relationship.

Penalties for Rape Convictions

When a person is charged with sexual battery involving rape, an offense will typically be classified as a felony. A person over the age of 18 who is accused of rape against another adult may be charged with a first-degree felony in many cases, including when they allegedly used force or violence, when they allegedly used a drug or other substance to incapacitate the victim, or in another situation where the alleged victim was physically helpless and could not resist. In other situations where an adult is accused of rape against another adult without using force or violence, they may be charged with a second-degree felony.

A person convicted of a first-degree felony may be sentenced to up to 30 years in prison. A second-degree felony conviction can lead to a sentence lasting for up to 15 years. If a person is accused of committing rape in which they allegedly used physical force that was likely to cause an injury, or if they allegedly used or threatened to use a gun or another deadly weapon, they could be charged with a life felony. A conviction for a life felony can lead to a sentence of life in prison.

In certain cases, a person may be classified as a dangerous sexual felony offender, and a conviction for rape may result in a mandatory minimum sentence in prison. In general, if a person allegedly caused a victim to suffer a serious injury, if they allegedly used or threatened to use a weapon, or if they allegedly committed an offense against more than one victim, they may face a mandatory minimum prison sentence of 25 years and a maximum of life in prison.

Defense Options in Rape Cases

In many cases, charges of rape will involve conflicting stories by the people who allegedly had a sexual encounter. Our lawyers can help clients take steps to show that an encounter was consensual and that rape did not occur. We can review communications between the parties before or after the incident, and we can take steps to challenge the prosecution's version of events. We may argue that statements made by an alleged victim or other witnesses are unreliable because of inconsistencies, contradictions, or other factors.

We may take steps to show that accusations of rape were based on mistaken identity. An alleged assault may have occurred in a dark area or other situation where a person may not have fully seen their attacker. We may be able to challenge the methods used to identify our client as a suspect, including DNA evidence or other forensic evidence collected by law enforcement. We may also be able to take steps to show that the allegations against our client were false by raising questions about the motives of the alleged victim.

Contact Our Key Largo, FL Rape Defense Lawyers

Because people charged with rape could face severe penalties after being convicted, a strong, comprehensive defense is essential. At Keys Criminal Defense, PLLC, our lawyers can investigate the circumstances surrounding a rape accusation, gather evidence that may be used to prove our client's innocence, and take steps to defend against a serious sex crime conviction. To learn how we can protect the rights of clients in these cases and help them defend against accusations of sexual battery, contact our Key Largo rape charges attorneys at 305-324-7888 and set up a free consultation.