D. Scott Rieth Criminal Defense Attorney
888-352-3179 941-404-4192

Understanding a rape charge

There are few things more damaging to your character and more unsettling than to be faced with a charge of rape. Under revised state law, rape is no longer a separate crime from sexual battery and instead falls under the latter charge.

This is important because this means that the prosecutors on your case must prove every element of sexual battery, as defined by state law, was present in the alleged crime. Florida's laws on sexual battery require the prosecutor to establish that you used an object or a sexual organ to engage in oral sex or penetration of the vagina or anus. Otherwise, the prosecutor must prove your sexual organ united with the alleged victim's vagina, anus or mouth.

What's more, the prosecutor must demonstrate that the alleged victim did not consent to the sexual exchange. However, the prosecutor does not have to prove there was protesting or resistance on the part of the victim. If the victim is a child under the age of 12, it makes no difference whether the victim consented as it would be clear the child was too young to legally consent.

Rape charges are serious charges and can ruin your future if you are convicted. In order to ascertain a clear understanding of what you are up against and what options you have available to you, it may be wise to consult a Florida criminal defense attorney at your first chance. From there you may get the answers you need and the best resolution possible based upon your specific circumstances.

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D. Scott Rieth
9040 Town Center Parkway, Suite 204A
Bradenton, FL 34202

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Phone: 941-404-4192
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