Physically Incapacitated Victim
Nonconsensual sexual activity on a physically incapacitated victim is more commonly known as date rape and falls within the charge of “Sexual Battery with Special Circumstances.” “Physically incapacitated” means a person is bodily impaired or handicapped and unable to resist or flee from sexual advances.Elements of the Crime
This crime can be prosecuted under four elements:
- The victim was the age of 12 or older
- Defendant committed a sexual act upon or with the victim in which his/her sexual organ penetrated or had union with the victim’s vagina or anus
- Defendant committed a sexual act upon or with the victim in which an object penetrated the victim’s anus or vagina
- The sexual act was committed without the victim’s consent
This crime can be prosecuted under the above elements as well as the following two theories:
- Without the consent or prior knowledge of the victim, the defendant had knowledge of someone else or they themselves administered a narcotic, anesthetic, or other intoxicating substance to the victim that mentally or physically incapacitated their being.
- Victim was physically incapacitated.
Due to all the possible consequences associated with a sexual battery or rape charge, no one facing these charges should go without legal representation. Our Florida Sexual Battery Defense Lawyers at Whittel & Melton can help you or someone you love develop a strong defense strategy to fight sex crimes charges.
While police and the prosecutors involved with the specific case will conduct their own investigation, so will we. This will help us explore various issues and prepare the best possible defense for you. Our investigation may uncover the following:
- If the alleged victim is lying about the incident
- If the alleged victim has mistakenly identified you as the offender
- If you have an alibi and were not where the alleged victim places you at the time of the incident
- If any evidence, like DNA, photos, fingerprints, etc., show that another person was involved in the alleged incident
Our experienced Florida Sex Crimes Defense Lawyers will leave no stone unturned to help with your case. We will make sure you are fully aware of all your rights and provide you with the sound legal advice you need to make the most informed decisions regarding your case and your future. We will provide you with our advice on whether you should accept a plea deal or push through to trial.Punishment of the Crime
If you or someone you know has been charged with date rape, you need to contact a sex crimes defense attorney without delay. The Florida Sex Crimes Attorneys are extremely equipped in Florida law and state prosecution methods which can be used to benefit the verdict of your case. A maximum sentence for date rape in Florida is 30 years in prison and the minimum is around 6.5 years. Along with prison time comes the lifelong sentence of registration as a sex offender or sexual predator, or both.
Call the Florida Sex Crimes Attorneys and put our skills to use in the courtroom for you.