Rape is generally characterized as the forcible sexual violation of a person against the alleged victim's will. In Florida, charges of rape are included under the section of the state statutes that address sexual battery. Per the Florida Statutes, sexual battery may occur when an alleged perpetrator penetrates an alleged victim with either a part of the alleged perpetrator's body or a foreign object.
Many factors can influence the type of sexual battery charge that a person may face. For example, if the alleged victim in a purported crime is a minor, then the charge may be elevated to a felony in the first degree. If the alleged perpetrator is under age, then the charge may be less severe. However, if the alleged victim suffers from any incapacitation due to age, mental condition, or ingestion of a substance, then the alleged perpetrator may have to confront serious charges with significant legal penalties.
Some sexual battery crimes are capital offenses, and most others are punishable with long terms of incarceration. Conviction on a sexual battery charge in Florida can result in individuals losing their freedom and many of the rights that they enjoy as a resident of the state.
Individuals facing sexual battery and rape allegations do not have to let their legal dilemmas destroy them. The legal system is set up to give individuals facing criminal charges an opportunity defend themselves and to hold prosecutors to the appropriate legal standard of proof that is required for a conviction on a given charge. As they begin preparing for their sexual battery trials, some individuals feel more confident in their efforts when they exercise their rights to the services of criminal defense legal professionals.