Being charged with rape can be one of the most upsetting and difficult situations you ever find yourself in. Rape is such an emotionally-charged crime to be charged with or even accused of. The accusation alone can cause irreparable damage to your life and reputation, even if you aren’t convicted. There’s a stigma there that may not go away. To get ahead of the charges, you should reach out to an Orlando rape lawyer as soon as you can.
The legal team at Robert B. Fisher, P.A. understands the difficulties ahead of you. A rape charge can be harmful and very complicated. It’s common to be immediately judged just for being associated with the case. Your friends, coworkers, neighbors, and even some family members may look at you differently. They may not even bother to hear your side of the story. Having an experienced rape attorney in your corner can make a considerable difference throughout the case.
The last thing you want to be is unprepared when it comes to fighting rape charges. You will want an experienced litigator who understands what’s at stake for you. Robert B. Fisher has 45 years of legal experience under his belt that he can utilize for your case. He represents clients throughout Orange and Seminole Counties, including Orlando. A seasoned prosecutor turned criminal defense lawyer may be exactly what you need to avoid facing rape penalties.
According to information gathered by the Florida Department of Law Enforcement, rape is not a rare crime in Florida. In 2021 alone, there were 8,700 reported cases of rape throughout the state. Additionally, there were 1,877 reported cases of rape in connection with domestic violence. Facing rape charges can be severely detrimental to your mental health. You may want to consider reaching out to a local support group like NAMI Greater Orlando for help.
Call 407-389-4529 or contact the office online to schedule your free initial consultation.
According to Florida Statute 794.011, rape, referred to as sexual battery, is considered nonconsensual sexual penetration with another person against their will. This penetration can be vaginal, oral, or anal and is defined primarily by the lack of consent given for the sexual activity. The crucial elements of a rape case in Florida are the lack of consent, the definition of consent as it relates to the case in question, and certain aggravating circumstances.
Getting arrested on a charge of rape can be humiliating, especially if you are arrested in front of your friends, family, or coworkers. The very act of being arrested can cause permanent damage to your reputation, especially if witnesses are aware of the charge. You may feel like you’ve already lost and there’s nothing you can do. This is not the case. You need to contact a defense lawyer as soon as you can, particularly one who focuses on Orlando rape cases.
During the arrest, it is vital that you never lose hope. Remember that you are innocent until proven guilty, regardless of the crime you are charged with. You have certain constitutional rights that cannot be infringed upon. In this case, you should exercise your right to remain silent and your right to retain a lawyer. The police may have less evidence against you than they’ve led you to believe. They may be counting on a confession to clinch their case.
It’s not uncommon for law enforcement to try to guilt or intimidate a suspect into incriminating themselves. You don’t have to say a word to the police if you don’t want to. Simply demand a lawyer and wait silently. When your lawyer arrives, let them do all the talking for you. Then, you can work with them to start building a solid defense strategy.
The primary difference between rape and statutory rape lies in the age of the victim and the element of consent. Statutory rape occurs when the victim is under the age of 18 years old and the perpetrator is a legal adult. Regardless of whether the minor in question consented to the sexual activity, the older participant can be arrested for statutory rape and convicted.
Donna’s Law in Florida effectively removes the statute of limitations for prosecuting sexual battery offenses against minors under 18 years old. Specifically, it eliminates those restrictions for offenses committed on or after July 1, 2020. This means that certain cases involving statutory rape can now be prosecuted long after the crime has been committed.
Florida defines consent as being able to intelligently, willfully, and voluntarily agree to engage in sexual activity with another person who is also able to agree in the same way. Consent must be given freely and without coercion or threats of violence. Silence or a lack of physical resistance does not equal consent. Consent can also be withdrawn at any time one of the participants feels unsafe or unwilling to move forward.
Yes, you should hire a rape lawyer to represent your case. Rape is one of the most unpredictable and hefty charges you can face. If you aren’t careful, you could end up facing the maximum penalty if convicted, which could be life in prison or even the death penalty. A good defense lawyer can help you build a successful defense strategy that highlights the facts of your case. It may not be easy, but without it, you may face significant penalties.
The last thing you want is to face a seasoned prosecutor on your own without any legal help in your corner. You could end up facing years in prison or worse. You should reach out to a defense lawyer who can help you create a path forward without judgment.
The legal team behind Robert B. Fisher, P.A. can help you put together a strong case, gather evidence that supports your claims, and make sure you aren’t taken advantage of at any point during your case. Contact us to speak to someone on our team about what we can do for you.