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Rape

The accusation of rape can be very damaging to a person’s reputation and image. Many times the accusation of rape can stem from a misunderstanding between two individuals or a false accusation. A person convicted of rape can face severe penalties, which can include prison time and expensive fines. Additionally, if convicted an individual will forever have to register as a sex offender in the state of Florida. It is important to contact a skilled criminal defense lawyer if you have been charged with rape.

Gainesville Rape Defense Lawyer

If you have been charged with rape or sexual battery in Bradford County, Union County or Alachua County, contact the Galigani Law Firm. Dean Galigani is an experienced Gainesville criminal defense attorney who represents individuals charged with rape throughout Florida. Contact the Galigani Law Firm today at (352) 375-0812 for a free, confidential consultation or send an online message.


Definition of Rape in Florida

Under Florida law, rape is considered sexual battery. According to Fla. Stat. § 794.011, sexual battery can be the non-consensual sexual oral, anal or vaginal penetration of another person.


Penalties of Rape in Florida

The penalties of a rape conviction can vary depending on the circumstances of the offense such as the age of the victim, if the victim was handicapped, if a weapon or force was used during the commission of the offense or if the offender was a law enforcement officer.

An adult individual convicted of committing or attempting to commit a rape upon a person less than 12 years old can be sentenced to a capital felony, which is punishable by death under Fla. Stat. § 775.082.

An individual under the age of 18 charged with committing or attempting to commit rape upon a person less than 12 years of age can be convicted of a life felony, which is punishable by life in prison as provided in Fla. Stat. § 775.082.

An individual who is charged with rape upon a person 12 years of age or older can be convicted of a second-degree felony, which is punishable by up to 15 years in prison and/or a fine up to $10,000 according to Fla. Stat. § 775.082 and 775.083. If a deadly weapon or physical force is used in the commission of the offense the penalty can severely increase to a life felony, which is punishable by life in prison under Fla. Stat. § 775.082.

Under certain circumstances, an individual who is charged with rape can be convicted of a felony of the first degree, which is punishable by up to 30 years in a Florida state prison and/or a fine up to $10,000, as stated in Fla. Stat. § 775.082 and Fla. Stat. § 775.083. These circumstances can include, but are not limited to:

  • If the victim was physically helpless to resist,
  • If the offender threatened to use force or violence,
  • If the offender threatened retaliation,
  • If the victim was drugged,
  • If the victim was mentally or physically handicapped and/or
  • If the offender was a law enforcement officer.

If an individual is the guardian or parent to a person under the age of 18 and charged with a sexual battery offense upon the minor, they can be convicted of a life felony, a felony of the first degree, or a felony of the third degree depending on the age of the victim and the extent of the battery.


Sexual Offender / Predator Registration in Florida

In the state of Florida individuals, including juveniles, who have been convicted of a felony sexual crime, must register as a sexual offender or sexual predator in the county they reside for the rest of their lives unless pardoned, under the Florida Sexual Predators Act found in Fla. Stat. § 775.21. An individual must register within 48 hours of establishing a residence in Florida or within 48 hours of being released from custody. A person who registers as a sexual offender or sexual predator will be photographed, fingerprinted, and they must provide the following information:

  • Name,
  • Date of Birth,
  • Social Security Number,
  • Race, height, weight, hair, eye color,
  • Telephone numbers, Email, instant messenger screen name,
  • Permanent, temporary or transient address,
  • Place of employment or school and
  • Date and location of each conviction.

Depending on the offense for which they are convicted, an individual must reregister two to four times a year. Failure to register or reregister properly can result in a felony of the third degree, which is punishable by up to five years in prison and/or a fine up to $5,000.


Galigani Law Firm | Florida Rape Defense Attorney

Contact the Galigani Law Firm today about your alleged rape offense throughout Lake City and Ocala in Florida. Dean Galigani will put together a strong defense to achieve the best possible outcome regarding your particular circumstance. Contact the Galigani Law Firm today at (352) 375-0812 for a free consultation or use our convenient online contact form.