The defendant offered a female friend a place to stay after she was kicked out of her home. The defendant then tried to initiate sex on three occasions and was turned down by his female friend. On the fourth occasion, the parties mutually engaged in foreplay and sex before stopping at the friend’s request. The defendant left for work and the friend filed charges that he had raped her. Officers arrested the defendant on charges of forcible sexual assault and he was placed on a $50,000 bond.
Forcible Sexual Assault
Forcible sexual assault is often referred to as rape. In Florida, this is a serious crime with a number of different penalties. Forcible sexual assault is defined as forcing another individual to partake in unwanted sexual activity by using threats or coercion.
Sexual assault is a felony. It is even charged as a felony if the sexual act was only attempted. Penalties of forcible sexual assault include up to 15 years in prison and fines of up to $10,000. If it is charged as a life felony, life will be spent in prison without the possibility of parole. The fines will then be $15,000.
Those that have been charged with forcible sexual assault may also find that they are unable to have custody of or visitation rights to their own children. They may also be placed on the sex offender’s registration list, and members of their community could begin to look at them in a different light than they had before.
Possible Defenses to Forcible Sexual Assault
A skilled lawyer will have many possible defenses to forcible sexual assault cases. These may include:
- Mistaken identity – The victim could be confused about who really raped or sexually assaulted them. Perhaps they did not clearly see or get a good look at the offender.
- Consent – If the victim was old enough to give consent, both physically and mentally, and the victim did so, then sexual assault did not occur.
- False accusations – The victim falsely accused the defendant for some reason or another. This is a common tactic used by couples that are divorcing or those who are fighting over custody of their children.
- Errors in procedures – Law enforcement may overstep their jurisdiction, which could mean that evidence that was collected may not hold up in court.
Musca Law Firm
If you have been charged with rape or forcible sexual assault, your best interest is to obtain legal representation. Musca Law serves the entire state of Florida, with offices in several cities in order to maximize convenience for our clients. We can put together a strong legal defense on your behalf so that we can have strong negotiating power with the prosecution. Please call us today for a free initial consultation.
RESULT: The defense argued that the victim’s testimony was undermined by the victim’s history with filing falsified police reports, as well as a four-hour time gap that existed between the sexual act and the victim’s report. The attorney obtained a toxicology report of the victim’s blood and determined her to be under the influence at the time of the filing. The attorney successfully negotiated for all charges to be DROPPED!