Switch to ADA Accessible Theme
Close Menu
Fort Myers Criminal Defense Lawyer / Blog / Criminal Defense / Penalties for date rape charges

Penalties for date rape charges

With the devastating fact that one in six women in Florida is a victim of rape, it is understandable why the law is especially harsh on sex offenders. Date rape, the act of using intoxicating substances to incapacitate someone and engage in non-consensual sexual activity, falls under sexual battery. A sexual battery conviction has harsh penalties, ranging from a jail sentence to a lifetime sexual offender registration.

What constitutes date rape?

Date rape often involves using substances to make a victim blackout. Without any chance to resist or consent, the offender uses the victim’s powerlessness to force them into unwanted sexual contact.

Victims of date rape can include individuals the assailant just met or those in a relationship with the assailant. Engaging in non-consensual sexual activity, such as date rape, is a form of sexual battery. In Florida, sexual battery involves any sexual penetration without the victim’s consent.

Moreover, penalties for sexual battery may increase when aggravating factors are involved, such as when the victim is physically or mentally incapacitated. Because most date rape victims were unconscious when the act happened, the court may charge the assailant with aggravated sexual battery.

Consequences of date rape

Aggravated sexual battery is a first-degree felony that can land suspects in jail for up to 30 years and lead to a $10,000 fine. Other aggravating factors, such as the abuse of a minor, can result in a life sentence.

A sexual battery assailant must also register as a sex offender, a label they will carry for the rest of their lives. Being registered as a sex offender can make it challenging to find work or a residence. The court may also ban them from visiting certain places or meeting certain people.

Committing a sex crime in Florida has severe punishments that can change your life. If you are charged or falsely accused of date rape, it is best to consult a lawyer immediately. The stakes are too high to make mistakes or wait for the other party to build evidence against you.

Facebook Twitter LinkedIn