Justia Lawyer Rating
Super Lawyers
Martindale-Hubbell
Americas Top 100
Avvo Rating
The Florida Bar
NYSBA
National Association of Criminal Defense Lawyers
Seal of the Supreme Court of the United States
The Florida Bar

Sexual Assault and Rape Charges

Sexual Assault and Rape Charges – Miami Criminal Defense Attorney

In Florida, the consequences and penalties for sexual assault, sexual battery, and rape are severe. Sex crimes are unique because they carry social, legal, and economic implications that can stay with you for life. Even if a defendant is found not guilty, accusations can wreak havoc on your social life and mental health.

It is vital that those accused of sex-related crimes have a criminal defense attorney willing to fight for their rights. If you are under investigation for rape or sexual assault charges in Miami or Florida, seek a free consultation from a criminal defense attorney with criminal trial experience to ensure your case receives the best possible outcome.

Statutory Rape

Statutory rape involves the sexual penetration of a minor. Under Florida statutes 794.011 and 794.05, it is illegal for any person over the age of 18 to sexually penetrate a person under the age of 18. Statutory rape does not require that an assault take place, and the consent of the minor is irrelevant. Past sexual conduct with the victim is irrelevant. This crime is entirely dependent on the age of the victim, even ignorance of the victim’s age is no excuse.

Punishment

Statutory rape is considered a second degree felony in the state of Florida, carrying serious penalties, including: up to $10,000 in monetary fines and up to 15 years in prison. The severity of penalty is largely dependent on the circumstances surrounding, and the seriousness of the offense.

For certain offenses, Florida law provides for the imposition of chemical castration. For the defendant’s first offense, the court has discretion in ordering castration, but the law requires repeat offenders be castrated. Finally, Florida law requires those convicted of statutory rape be registered on the sex offender registry.

Statutory rape is a taboo subject in the American legal system, leading to overzealous prosecutors desperate to make an example of those accused. A Miami criminal trial attorney can help you protect your rights and reputation by fighting back against overambitious prosecutors.

Sexual Assault

In Florida, the sexual assault statute covers all unwanted sexual contact, including: oral, vaginal, and anal penetration. Usually, this charge occurs when one person forces another to engage in sexual activity without consent, or where one person is unable to give consent. Some examples of sexual assault include:

  • Unwanted physical touch, including groping, kissing, or penetration;
  • Being forced, pressured, or blackmailed into consenting to sexual acts;
  • Date Rape;
  • Exposing yourself to another;
  • Penetration and unwanted contact when the victim is incapacitated, unconscious, or sleeping;
  • And more.

Being convicted of any of the above crimes will result in the defendant's induction into the sex offender registry. The severity of other punishments varies by crime.

Florida Sex Crimes Attorneys

A Miami criminal defense attorney can raise important pretrial and trial defenses. Sex crime cases often lack witnesses or substantial evidence, allowing defense attorneys to invoke a variety of arguments on the defendant's behalf.

If you are under investigation, believe you may be under investigation, or have already been arrested for a sexual offense in Miami and South Florida, you should not speak to any government official without legal representation.

Client Reviews
★★★★★
My experience with Mr. Behr and his staff was nothing short of phenomenal. I hope to not ever need representation again. But In the case I do. J would absolutely use Mr. Behr. I would also fully recommend him to anyone I know in need of representation. Jeff
★★★★★
When I travel throughout the world for business I can honestly say that I feel extremely comfortable knowing I can pick up the phone for guidance and know Mr. Behr will consistently have my back with a positive answer on the other end. I attribute my success with my business by having this honorable man on my team. Thomas
★★★★★
Mr. Behr has helped me in various cases. And each time has been more than successful than I expected! I would recommend him 100% to anyone with legal problems. Eve
★★★★★
He filed motion after motion until the judge finally dismissed my case. He even took it to another judge. The guy never stopped and let nothing stop him. He was all over the prosecutor and knew more law than the judge, it was super cool to watch the man work. He is the best lawyer in the county. Jose