{"id":372613,"date":"2016-03-31T21:34:55","date_gmt":"2016-04-01T02:34:55","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/florida-law\/florida-rape-laws.html"},"modified":"2024-12-31T11:07:05","modified_gmt":"2024-12-31T16:07:05","slug":"florida-rape-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/florida-law\/florida-rape-laws.html","title":{"rendered":"Florida Rape Laws"},"content":{"rendered":"\n
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Florida Rape Laws<\/h1>\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Florida laws include rape under the offense of "sexual battery." The relevant statutes no longer give a separate legal definition for rape<\/a>.<\/p>\r\n

To prove a rape offense, a prosecutor must establish each of the elements of sexual battery<\/a> given by state law. As required by the Florida statute on sexual battery, the prosecutor must show that the defendant engaged in oral, vaginal, or anal penetration of the victim with a sexual organ or another object. Or, the prosecutor must prove a union by the defendant’s sexual organ with the victim’s mouth, vagina, or anus.<\/p>\r\n

If the rape victim is under 12, the prosecutor does not have to show the victim’s lack of consent. The victim’s young age presumes the absence of consent. If the rape victim is over 12, the prosecutor must show that the victim did not consent voluntarily. Under Florida laws, the prosecutor needs to show a lack of consent but does not need to show resistance or protest.<\/p>\r\n

Florida’s Rape Laws at a Glance<\/b><\/h2>\r\n

If you’re facing rape charges, including statutory rape, you should know the possible penalties. You should also know what the statute of limitations for rape is in Florida.<\/p>\r\n

Below you will find key provisions of Florida’s rape laws.<\/p>\r\n\r\n
Statute<\/th>\r\n

Florida Statutes Sections 794.005-794.09<\/a> (Rape)<\/p>\r\n

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Penalties

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Florida\u2019s sexual battery laws outline the penalties for a rape conviction. The punishment depends on the following factors:<\/p>\r\n

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  • The ages of the victim and the defendant<\/li>\r\n
  • Whether the defendant used a weapon<\/li>\r\n
  • The nature and extent of the victim\u2019s injuries<\/li>\r\n<\/ul>\r\n

    The facts of your criminal case will determine the penalties. They will also determine any possible defenses.<\/p>\r\n

    If the victim is under 12 and the defendant is 18 years of age or older, the crime is a capital felony, punishable by the death penalty or life imprisonment without parole. If the defendant was under 18, the crime is a life felony, punishable by imprisonment for at least 30 years or life imprisonment.<\/p>\r\n

    The minimum charge for the crime of sexual battery of a victim over 12 (second-degree felony) is punishable by imprisonment up to 15 years.<\/p>\r\n<\/td>\r\n<\/tr>

Special circumstances<\/th>\r\n

Consent:<\/b> Voluntary consent to the sexual acts or sexual conduct is a valid defense to rape.<\/p>\r\n

Mistake and prior sexual history:<\/b> Florida state laws prevent the use of certain defenses in sexual battery cases. Specifically, defendants can’t discuss the alleged victim’s prior sexual activity or present evidence of their promiscuity. In cases where the victim’s age affects the criminal charges, mistake or lack of knowledge regarding the victim’s age can’t serve as a defense against rape.<\/p>\r\n<\/td>\r\n<\/tr>

Statute of limitations<\/th>\r\nThe statute of limitations<\/a> for rape in Florida varies. For rape of a minor and first-degree felony sexual battery, there is no statute of limitations. For most other cases, the statute of limitations is eight years.<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Note:<\/b><\/i> State laws are subject to change through new legislation, higher court rulings, ballot initiatives, and other means. While we strive to provide the most current information, consult a criminal defense attorney or conduct legal research to verify your state laws.<\/i><\/p>\r\n

Accused of Rape in Florida? Get in Touch With a Florida Criminal Defense Lawyer<\/b><\/h2>\r\n

If you’re facing rape charges in Florida, you’re probably confused and more than a little afraid. That’s normal, given the severe penalties these sex crimes carry. It’s in your best interests to contact a sex crimes attorney<\/a> in Florida right away. They’ll review your case and help devise a solid defense.<\/p>\r\n

Florida Rape Laws Related Resources<\/b><\/h2>\r\n