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Miami Criminal Defense Attorney / Miami Rape Attorney

Miami Rape Attorney

Rape is one of the most serious crimes in Florida. It is a felony crime that is taken very seriously. To prove a rape offense, the court must be able to prove that the defendant participated in a sexual act with the victim against their will. The sexual act can be oral, anal, or vaginal. If the rape victim is a minor, the rape can be determined statutory and subject to even more severe penalties.

Facing charges of rape can be devastating. Defend yourself from the consequences by contacting a Miami rape attorney from Asilia Law Firm today.

Penalties for Rape

The penalties for being convicted of a rape crime in Florida can vary based on the age of the victim as well as whether or not a weapon was used in the commission of the crime. Here are some common punishments:

  • Sexual battery, when committed upon a child under 12 years of age, and done so by an adult over the age of 18, is punishable by the death penalty or life in prison without parole. If the defendant was under the age of 18 at the time they committed the crime, the crime is considered a life felony, so they could still face life in prison.
  • If a deadly weapon was used in the crime, and the victim was under the age of 12, the crime can be charged as a life felony.
  • A rape crime committed upon a victim over the age of 12 years old is classified as a second-degree felony. The punishment is up to 15 years in prison.

On top of prison time, a person convicted of a rape crime will be mandated to register as a sex offender.

What is Statutory Rape?

The laws surrounding statutory rape are designed to protect minors from exploitation and abuse by adults. Statutory rape refers to sexual activity between an adult and a minor who is below the age of consent.

It does not matter if the minor consents or seems willing to participate. That’s because minors legally cannot consent to sexual activity. The age of consent varies by jurisdiction, but in Florida, the age is 18.

Can I Defend Myself From the Charges?

Rape is very hard to defend. The only defense that can be used against a rape charge is the voluntary consent of the victim. As mentioned above, consent can only be given if the victim is an adult.

The victim’s sexual life prior to the incident in question cannot be used as a defense. It does not matter if the victim has had sex with numerous people. If there was no consent, then the crime can be charged as rape.

Contact Asilia Law Firm Today

Rape cases are hard to defend. Not many defenses can be effective, so you need someone on your side who can protect your freedom.

Timely intervention, negotiation, and preparation by an experienced criminal attorney is your best option. Defend your case with help from a Miami rape attorney from Asilia Law Firm. Schedule a consultation today by filling out the online form or calling (786) 420-3014.

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