Miami Date Rape Lawyer

What is Mental Incapacitation?

"Mental incapacitation" is defined by Florida Statute 794.011 as being:

Temporarily incapable of assessing or controlling one's own conduct due to the influence of a narcotic, anesthetic, or intoxicating substance administered to the alleged victim without his or her consent or due to any other act committed upon the alleged victim without his or her consent.

An aggravated sexual battery offense is classified as a first degree felony when the victim was at least 18 years of age when the alleged offense took place.

Along with a mandatory prison sentence of 34.5 months, a first degree felony conviction could lead to:

• A prison sentence of up to 30 years
• Sexual offender probation for up to 30 years
• A fine of up to $10,000

An aggravated sexual battery offense is classified as a life felony when the victim was between the ages of 12 and 18 years of age when the alleged offense took place.

Along with a mandatory prison sentence of 108 months, you could also face:

• Life in prison
• Sexual offender probation for the remainder of your life
• A fine of up to $10,000

Available Defenses for Aggravated Sexual Battery

In Florida, two statutory defenses exist that could prove a defendant's innocence when faced with an aggravated sexual battery allegation: consent and false allegations.

Consent

Florida Statute 794.011 defines "consent" as intelligently, knowingly, or voluntarily consenting to a sexual act. However, a coerced submission or a failure to physically resist a sexual act will not be considered by a court as consent.

This means that if an alleged victim states they were unknowingly drugged by the defendant or were too intoxicated to consent to the sexual conduct, a jury could conclude the aggravated sexual battery indeed occurred.

False Allegations

Being falsely accused of aggravated sexual battery has become increasingly common throughout the state of Florida. Though being accused falsely accused of a crime is not an enjoyable experience, effectively proving an allegation is false is a valid defense in Florida and would result in exoneration.

Some of the unjustified reasons people create false allegations are:

• Jealousy
• Fear of being caught cheating on their spouse
• Manipulation by a third party
• Lack of sound judgment
• Mental illness

At The Hoffman Firm, we know what it takes to help you tell your side of the story and avoid suffering serious criminal consequences.

We’ll help you understand the legal processes and your options. Call us at (305) 928-1669 today if you are in Miami. Call 954-737-3004 if you are in Broward County.