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Date Rape Attorney in Tampa

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The crime of rape is often envisioned as an attack that takes place in dark alleys after the aggressor suddenly spots a stranger and decides to make her his victim. However, victims often know their attackers, and the offense may take place in familiar places such as the victim or offender’s home, car, or even at work. The term “date rape” is used when a romantic relationship or the potential of a romantic or sexual relationship exists between the victim and the rapist prior to the attack. Date rape is a specific subset of acquaintance rape, which describes cases in which the parties involved have a platonic relationship and were friends, coworkers, neighbors, or knew each other through other non-romantic means prior to the attack. Nevertheless, some people refer to it and acquaintance rape interchangeably. Date rape is especially common on college and university campuses, where hundreds to thousands of young people live, socialize, and attend classes in a confined area and alcohol and other drugs are often present to incapacitate victims. If you’ve been charged with this type of sex crime, immediately seek assistance from an expert date rape defense lawyer in Tampa or elsewhere in Hillsborough County.

Date rape defense in Tampa

In Florida, rape is generally identified under the broader category of sexual battery. When a charge is filed, investigators and prosecutors make an effort to uncover the facts and bring the attacker to justice via the criminal court system. However, sometimes the wrong person may be charged, or surrounding circumstances may reveal that an individual has made a false accusation. Because the parties involved typically know one another, a false date rape accusation may have an even larger impact on the accused person’s personal and professional life. Both parties’ relationships may become strained, and friends, family members, and associates may be forced to choose a side. Therefore, revealing the truth and clearing the name of a wrongfully accused person may be critical to preserving the individual’s reputation and to limiting impact on those who are in close proximity. False allegations sometimes emerge during bitter child custody cases in an effort to defame the opposing parent. In these situations, a false allegation may have a lasting negative impact on the individual’s relationship with his or her children. Calling a qualified Tampa date rape defense attorney is the first step to vindication.

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In Tampa, rape is generally identified under the broader category of sexual battery. When a rape charge is filed, investigators and prosecutors make an effort to uncover the facts and bring the attacker to justice via the criminal court system. However, sometimes the wrong person may be charged, or surrounding circumstances may reveal that an individual has made a false accusation. Because the parties involved typically know one another, a false date rape accusation may have an even larger impact on the accused person’s personal and professional life. Both parties’ relationships may become strained, and friends, family members, and associates may be forced to choose a side. Therefore, revealing the truth and clearing the name of a wrongfully accused person may be critical to preserving the individual’s reputation and to limiting impact on those who are in close proximity. False allegations sometimes emerge during bitter child custody cases in an effort to defame the opposing parent. In these situations, a false allegation may have a lasting negative impact on the individual’s relationship with his or her children. Calling a qualified Tampa date rape defense attorney is the first step to vindication.

Tampa date rape cases may have higher stakes

There are several factors that are often present in date rape cases that may result in the charge being elevated to Aggravated Sexual Battery. If drugs or alcohol are involved, as is often the case in party settings, the accused may be charged with committing a rape while the victim was incapacitated due to drug or alcohol intoxication. Coercing the victim with threats to retaliate directly against the victim or against someone he or she knows is also an aggravating circumstance. These threats are often more believable within the context of date or “acquaintance rape” because the victim and rapist are often have mutual acquaintances. A charge may be elevated if the accused has knowledge of the alleged victim’s mental defect, which is also more likely to happen in acquaintance and date rape cases because the accused and the alleged victim generally have preexisting knowledge of each other. For elevated sexual battery charges, judges may impost additional penalties including more jail time and a longer probation period.

Date rape penalties

In cases involving a victim who is 18 or older, Sexual Battery is a Second Degree Felony with a Level 8 severity ranking under Florida’s Criminal Punishment Code. Therefore, a judge is legally required to sentence a person who is convicted of sexual battery to a minimum of 94.5 months in prison and may also impose an additional 15 years of prison, 15 years of probation, and/or a maximum fine of $15,000. Aggravated Sexual Battery, a First Degree Felony with Level 8 severity, carries a minimum sentence of 94.5 months, but judges may assign up to an additional 30 years imprisonment, 30 years probation, and up to $10,000 in fines. Mandatory sentencing means an individual who is wrongfully convicted will automatically be sentenced to several years in prison, unless there is a legal basis for the judge to impose a downward departure sentence, which requires the presence of one of several mitigating factors recognized by Florida law.

How a potent defense can help

If sexual contact took place, a defendant who was wrongfully accused of date rape case may argue the accuser consented to the sexual activity. Providing evidence to establish consent may be difficult because rape typically occurs in settings in which there are no witnesses. However, a defense attorney may interview people who witnessed interactions between the accuser and the accused just prior to the incident taking place. These interviews may establish the accuser’s mental state and capacity leading up to the alleged rape. A defendant may also argue false allegation. On some occasions, a person may make a false rape allegation in an extreme effort to retaliate or ruin the reputation of accused. Although rape victims are often afraid to come forward, and rape crimes are grossly under-reported, false accusation cases have been on the rise in recent years in Florida.

Contact a date rape defense lawyer in Tampa

For a person who has been wrongfully accused of date rape, the first step to clearing his or her name is to call an experienced Tampa date rape attorney. In addition to helping the wrongfully accused shield his or her reputation, knowledgeable counsel can be present during police questioning to ensure the accused individual’s constitutional rights are not violated. If the case proceeds to trial, the attorney will continue to work to gather evidence of the defendant’s innocence and represent him or her at trial. Being wrongfully accused can be devastating, and facing a prosecutor at trial can make matters even more traumatic. No one should have to navigate the criminal justice system alone. During a case evaluation with Joffe Law, P.A., the sex crimes defense attorney will assess the facts of the case and help the accused individual determine how to proceed in protecting his or her rights, freedom, and reputation.

AVAILABLE 24x7
Serious federal cases only.

AVAILABLE 24x7
Serious federal cases only.

AVAILABLE 24x7
Serious federal cases only.

AVAILABLE 24x7
Serious federal cases only.