Let a former prosecutor protect your rights, freedom, and reputation
The mere accusation of a sexual assault can tarnish your reputation for years to come. That’s why it’s vital you take legal action to protect your name the moment you are arrested or investigated for any type of sex crime. At Sando Law P.A., we understand the gravity of your situation. As a former award-winning Palm Beach prosecutor, Attorney Andrew Sando knows what you’re up against and how best to defend your rights.
How is sexual assault defined in Florida?
Sexual assault is defined under the Florida statute as “oral, anal or vaginal penetration by, or with the sexual organ of another or the anal or vaginal penetration of another by any object.” “Sexual Assault”can be any attempted or threatened sexual act with another person without their consent.
What should you do if you are the victim of sexual assault in Florida?
According to the University of Florida Police Department, if you are the victim of sexual assault, follow these steps:
- Go to a safe place, and get help quickly.
- Contact the local Police Department. A victim advocate can help you with medical, legal, and counseling services.
- Get medical attention immediately.
- Don’t bathe or douche.
- Save your clothing.
- Don’t disturb the physical surrounding in which the rape took place.
- Report the incident to the police.
- Seek counseling.
What are the Penalties for Sexual Assault in Florida?
In Florida, sexual assault is defined as sexual battery and thus includes the following crimes:
- Rape — The penalties for rape in Florida vary based on the age of the victim as well as the offender, whether weapons were used, and whether the victim suffered a personal injury as a result. However, the minimum charge is a second-degree felony punishable by 15 years in prison, and the maximum punishment is a capital offense punishable by death or life imprisonment.
- Unwanted sexual touch or fondling — According to Florida statute 916.1075, any unwanted sexual touching or fondling constitutes sexual battery and is thus a felony of the second degree. If convicted of such a crime, you could face 15 years in prison, 15 years of probation, and up to $10,000 in fines.
- Forcing a victim to perform sexual acts on the perpetrator’s body — Also found under statute 916.1075, is “…forcing or enticing a person to touch the perpetrator”. Again, the penalty is a felony of the second degree, punishable by 15 years in prison, 15 years probation, and up to $10,000 in fines.
Keep in mind that the charges for sexual assault increase substantially if the victim is under 12 and the offender is over 18. Further, most sex crime convictions also require registration as a sex offender. This can have a negative effect on your life in many different ways that include everything from finding a place to live to find a job.
How long can you wait before making a sexual assault claim in Florida?
The statute of limitations for rape in Florida is three years. This means that legally, a person has three years from the date of an attack to act against a sexual assailant. However, there are exceptions. For example, under Donna’s Law, if the offense involves a minor, there is no time limit.
How can a skilled Florida sexual assault attorney help you?
If you are wrongfully accused of a sexual assault crime in South Florida, you need to act immediately. Without proper counsel, you risk losing your freedom and reputation.
Attorney Sando can fight aggressively for your rights and assist you in the following ways:
- Pretrial Defenses– From the very beginning, our goal is to clear your name. We can present evidence in the form of polygraph test results, personality, and psychological evaluations, supporting witness statements, and proof showing that the alleged victim has a history of making unfounded accusations.
- Defenses at Trial– Depending on the unique circumstances of your case, any number of defense tactics may be used — a sound alibi, mistaken identity, or cognitive impairment. In some cases, forensic testing can be used to establish a defendant’s innocence.
- Affirmative Defenses— You admit to sexual contact with the defendant — but state that it was consensual and did not involve force or threats of force. This is known as an “affirmative defense” — there is no admission of a crime but rather an explanation of the circumstances, thus negating legal consequences.
A sexual assault accusation is as serious as it gets — your reputation, freedom, and rights are on the line. Let a former award-winning prosecutor help you build a strategic defense that safeguards your future.
Contact an experienced sex crime defense lawyer in South Florida
Sando Law, P.A., provides experienced counsel to Floridians accused of sexual assault. If you need counsel for a sex crime charge in Martin County, Palm Beach County, Broward County, Miami-Dade County, or Monroe County, Attorney Sando is ready to fight for your rights. To discuss your case with Attorney Sando, call 561-296-1665 or contact Andrew online for a free case review. Toll-Free: 833-SANDO-4U
