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How to reduce the risk of facing date rape charges

On Behalf of Sheppard, White, Kachergus & DeMaggio, P.A. Attorneys & Counselors at Law | Jul 30, 2020 | Criminal Defense

Take two people, add one serving of summer spirit and a generous measure of alcohol, and you have a potentially dangerous cocktail. Summer in Florida can create the perfect circumstances for date rape claims when the boundaries get confused.

Date rape is commonly used by the public to refer to sexual assault by someone you were together with in a romantic way. However, it is not an official term used in Florida law, which would treat any claims as sexual battery.

Date rape claims often boil down to one thing: a lack of explicit consent. It can be tempting, especially when young and inexperienced, to guess or intuit what a woman is thinking. The internet and magazines are full of advice telling you the secret signals a girl gives off if she wants you to have sex with her or touch her in certain places.

The movies do not help either. How many times have you seen a rugged male lead ask the girl if he can kiss her let alone have sex with her before throwing her onto the bed and ripping her clothes off? However, movie characters are fictional. If you do the same, you could face charges.

If you want to have sexual contact with a girl, get her consent. It might sound unromantic, but it shows you respect her. Besides, spending years in a prison cell for sexual battery is not great for your romantic ambitions.

If a girl does accuse you of date rape or any form of sexual battery, you should contact a Florida criminal defense attorney. If convicted of sexual battery against an adult, you could face 15 years in prison. If you are found guilty of using threats, a weapon or a date rape drug, or if the victim is underage, the penalties can be much more severe.

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