Rape Carries Serious Consequences

Rape can be committed in different ways but in the eyes of the law, all forms can carry serious penalties and consequences. Rape (often referred to as sexual assault) is a criminal offense defined in most states as having forcible sexual relations with someone against their will. It is the commission of unlawful intercourse or sexual intrusion and a lack of consent is a necessary element in order for it to be considered rape.

The term consent means: "intelligent, knowing and voluntary consent and does not include coerced submission 'Consent' shall not be deemed or construed to mean the failure by the alleged victim to offer physical resistance to the offender."

Persons who are underage or are physically or mentally incapacitated are often victims of rape and are deemed legally incapable of consenting to sex. Each state has an age of consent, for Florida this is age 18. 

The actual legal term for rape in its entirety is defined in the Florida Crime Statute under Chapter 794. An attorney who is familiar with criminal defense law can go over the details of exactly what this encompasses.There are varying degrees of sexual assault carrying their own penalties in each specific category and these penalties become more serious dependent upon the severity of the crime and the age of the victim involved.

Different Types of Rape

Rape can occur in various ways, following are some of the more common ones:

• Rape by an acquaintance (not a close friend or family member)
• Rape by a total stranger
• Date rape (rape by someone you have gone out on a date with)
• Incest rape (rape by a family member)
• Gang rape (being raped by more than one man)
• Marital rape (forced sex by a marital partner)

Penalties for rape can be severe and are much harsher, especially if children are involved. If you have been charged with rape in the Fort Myers area, you need to contact a Fort Myers rape attorney as quickly as possible in order to avoid being convicted.

These types of legal cases can get complex and often times it becomes a situation of one person's word against anothers. At the Law Office of Calvo & Calvo, we are very competent, experienced and aggressive criminal defense lawyers who can help. Your rights, freedom and future are at stake and we have helped many clients successfully overcome their charges with our skills and defense strategies.

Contact a Fort Myers Rape Lawyer in our office for a free consultation and we will go over the details of your case.