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Rape, Statutory Rape & Date Rape Defense in Fort Myers

Any Form of Rape Charges are Serious

This is a sex crime that is often misunderstood by many as an act of force. The picture of a person, normally a woman, being assaulted, pushed down and forced to have sex by one or more participants is what many usually will think of when the word "rape" is used. While this action mentioned would certainly be a form of rape it is not how the crime is defined under Florida law.

The actual legal term for rape under Chapter 794 of the Florida Crime Statutes is:

"Sexual battery" means oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object; however, sexual battery does not include an act done for a bona fide medical purpose"

Chapter 794 contains full definitions of the various factors that would constitute an offense. Consent and age are major elements in determining if a crime was committed or not. It can also determine the level of the crime. For example, sex with a minor can often be a crime but should that minor be under 12 years of age this crime becomes a capital felony offense and can lead to a lifetime prison sentence without chance of parole.

There are many nuances to the law in regards to a rape charge and this type of defense requires a very skilled and knowledgeable Fort Myers criminal defense attorney to effectively fight such charges. This is an area of legal practice that Calvo & Calvo, Attorneys at Law, has long worked to defend clients in.

A Further Look at Charges of Rape, Statutory Rape & Date Rape

A sex crimes charge such as rape or sexual battery refers to an act that is most often committed with no other witnesses than the two parties involved. There can be many reasons why the information or the interpretation of facts can vary widely among the two parties.

While some facts may be difficult to dispute, such as the actuality that sex took place, others such as consent or the mode in which the action occurred can be very different in their presentation.

Two key elements, aside from age, are:

  • Consent - "Consent" means intelligent, knowing, and voluntary consent and does not include coerced submission. "Consent" shall not be deemed or construed to mean the failure by the alleged victim to offer physical resistance to the offender."
  • Force - "When the offender coerces the victim to submit by threatening to use force or violence likely to cause serious personal injury on the victim, and the victim reasonably believes that the offender has the present ability to execute the threat."

So much depends upon how your case is presented and defended. It is crucial that you contact a Fort Myers criminal lawyer immediately if you have been accused of this crime.

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