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Date Rape

The crime commonly referred to as "date rape" involves a sexual battery offense committed by a person who may have had some kind of personal relationship—possibly romantic in nature—with the alleged victim. An individual who is accused of date rape will be charged with the crime of sexual battery.

Consent is a major issue in many date rape cases, and Florida Statute § 794.011(1)(a) defines consent as meaning "intelligent, knowing, and voluntary consent and does not include coerced submission." The term cannot be deemed or construed to mean the failure by the alleged victim to offer physical resistance to the offender.

Attorney for Date Rape Arrests in St. Petersburg, FL

Do you think that you might be under investigation or were you already arrested in the Tampa Bay area for date rape? You will want to immediately contact Morris Law Firm, P.A..

St. Petersburg criminal defense lawyer Melinda Morris defends clients in communities throughout Hillsborough County, Manatee County, Pasco County, Pinellas County, and Sarasota County.

You can have our attorney provide a complete evaluation of your case as soon as you call (727) 388-4736 to receive a free initial consultation.


Florida Date Rape Crimes Information Center


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Pinellas County Date Rape Charges

Florida Statute § 794.011(h) defines sexual battery as "oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object." The definition does not include an act done for a bona fide medical purpose.

Florida does not have a specific law relating to date rape, so people accused of such crimes are charged with sexual battery. Florida Statute § 794.011(8)(a) establishes that sexual battery is a third-degree felony when an alleged offender in a position of familial or custodial authority solicits an alleged victim less than 18 years of age to engage in any act which would constitute sexual battery, regardless of the willingness or consent of the alleged victim. 

Sexual battery becomes a second-degree felony under Florida Statute § 794.011(5)(b) when an individual 18 years of age or older and commits sexual battery upon an alleged victim 18 years of age or older, without that person’s consent, and in the process does not use physical force and violence likely to cause serious personal injury. Florida Statute § 794.011(5)(c) also makes it a second-degree felony if an alleged offender younger than 18 years of age commits sexual battery upon a person 12 years of age or older, without that person’s consent, and in the process does not use physical force and violence likely to cause serious personal injury. 

Florida Statute § 794.011(4)(e) establishes that the following circumstances that apply to first-degree felony sexual battery offenses listed under Florida Statute § 794.011(4)(a)-(d): 

  • The alleged victim was physically helpless to resist; 
  • The alleged offender coerced the alleged victim to submit by threatening to use force or violence likely to cause serious personal injury on the alleged victim, and the alleged victim reasonably believed that the alleged offender had the present ability to execute the threat; 
  • The alleged offender coerced the alleged victim to submit by threatening to retaliate against the alleged victim, or any other person, and the alleged victim reasonably believed that the alleged offender had the ability to execute the threat in the future; 
  • The alleged offender, without the prior knowledge or consent of the alleged victim, administered or had knowledge of someone else administering to the alleged victim any narcotic, anesthetic, or other intoxicating substance that mentally or physically incapacitates the alleged victim; 
  • The alleged victim is mentally defective, and the alleged offender had reason to believe this or has actual knowledge of this fact; 
  • The alleged victim was physically incapacitated; or 
  • The alleged offender is a law enforcement officer, correctional officer, or correctional probation officer as defined in Florida Statute § 943.10(1), (2), (3), (6), (7), (8), or (9), who is certified under Florida Statute § 943.1395 or is an elected official exempt from such certification by virtue of Florida Statute § 943.253, or any other person in a position of control or authority as a governmental agent or employee. 

The first-degree felony sexual battery crimes listed under Florida Statute § 794.011(4)(a)-(d) include: 

  • An alleged offender 18 years of age or older commits sexual battery upon an alleged victim 12 years of age or older but younger than 18 years of age without that person’s consent, under any of the circumstances listed in Florida Statute § 794.011(4)(e); 
  • An alleged offender 18 years of age or older commits sexual battery upon an alleged victim 18 years of age or older without that person’s consent, under any of the circumstances listed in Florida Statute § 794.011(4)(e); 
  • An alleged offender younger than 18 years of age commits sexual battery upon an alleged victim 12 years of age or older without that person’s consent, under any of the circumstances listed in Florida Statute § 794.011(4)(e); 
  • An alleged offender commits sexual battery upon an alleged victim 12 years of age or older without that person’s consent, under any of the circumstances listed in Florida Statute § 794.011(4)(e) and such person was previously convicted of a violation of: 
  • First-degree felony kidnapping or third-degree felony false imprisonment when the violation involved a victim who was a minor and, in the course of committing that violation, the alleged offender committed sexual battery against the minor or a lewd act under Florida Statute § 800.04 or Florida Statute § 847.0135(5); 
  • Life felony kidnapping upon a child under the age of 13 and, when the violation involved a victim who was a minor and, in the course of committing that violation, the alleged offender committed sexual battery, lewd or lascivious battery, lewd or lascivious molestation, lewd or lascivious conduct, or lewd or lascivious exhibition; 
  • First-degree felony false imprisonment upon a child under the age of 13 and, when the violation involved a victim who was a minor and, in the course of committing that violation, the alleged offender committed sexual battery, lewd or lascivious battery, lewd or lascivious molestation, lewd or lascivious conduct, or lewd or lascivious exhibition; 
  • Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age; 
  • Lewd or lascivious offenses committed upon or in the presence of an elderly person or disabled person; 
  • Lewd or lascivious exhibition using a computer; or 
  • Sexual battery. 

Under Florida Statute § 794.011(2)(b), sexual battery is a life felony when an individual less than 18 years of age commits sexual battery upon, or in an attempt to commit sexual battery injures the sexual organs of, an alleged victim less than 12 years of age.

Florida Statute § 794.011(3) also makes it a life felony if a person commits sexual battery upon an alleged victim 12 years of age or older, without that person’s consent, and in the process thereof uses or threatens to use a deadly weapon or uses actual physical force likely to cause serious personal injury.

An individual may also be found guilty of a life felony if the alleged offender is in a position of familial or custodial authority to a person less than 18 years of age and engages in any act with that alleged victim while the person is less than 12 years of age which constitutes sexual battery, or in an attempt to commit sexual battery injures the sexual organs of such person.

Sexual battery is a capital felony under Florida Statute § 794.011(2)(a) when an alleged offender 18 years of age or older commits sexual battery upon, or in an attempt to commit sexual battery injures the sexual organs of, an alleged victim less than 12 years of age.


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Date Rape Penalties in St. Petersburg

The sentence that a person receives if convicted of sexual battery in Florida will depend on how the crime was graded. Convictions are generally punishable as follows: 

  • Third-Degree Felony — Up to five years in prison and a fine of up to $5,000; 
  • Second-Degree Felony — Up to 15 years in prison and a fine of up to $10,000; 
  • First-Degree Felony — Up to 30 years in prison and a fine of up to $10,000; 
  • Life Felony — Minimum of 30 years up to life in prison and a fine of up to $15,000; or 
  • Capital Felony — Punishable by the death penalty. 

Another major consequence to being convicted of sexual battery is that an individual will be required to register as a sex offender for the remainder of his or her life with no possibility of being removed from the registry or expunging the offense from his or her criminal record.


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Date Rape Resources in Florida

Sexual Assault Services | Crisis Center Of Tampa Bay — The Crisis Center of Tampa Bay, Inc. is a private nonprofit organization with the mission "to ensure that no one in our community has to face crisis alone." Visit this section of the organization's website to learn more about its advocacy efforts for sexual assault victims as well as forensic medical exams. You can also learn more about the Crisis Center's Empowerment Services, which "provide healing experiences and opportunities that provide a safe place to support the transformation of survivors."

Crisis Center of Tampa Bay
1 Crisis Center Plaza
Tampa, FL 33613
(813) 964-1964

Chapter 794 Sexual Battery | Florida Statutes — View the full text of state laws relating to sexual battery. You can learn more about aggravated circumstances that enhance sexual battery penalties. The chapter also contains statutes relating to access to services for victims of sexual battery, the Rape Crisis Program Trust Fund, and forfeiture of retirement benefits.

Project GHB | A force of prevention — Project GHB Inc. is a nonprofit corporation and its website states that its purpose is to save lives. Ken and Anya Shortridge began the website largely to educate the public about the dangers of the drug γ-Hydroxybutyric acid (gamma-Hydroxybutyric acid or GHB) following the death of their son due to a GHB overdose. On this website, you can find research studies, newsletters, and statistics.


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Find a Date Rape Defense Lawyer in St. Petersburg, FL

If you were arrested or believe that you could be under investigation for an alleged date rape crime in the Tampa Bay area, you will want to seek legal representation as soon as possible. Morris Law Firm, P.A. represents individuals in Pinellas County, including such location as Clearwater, Dunedin, Largo, Pinellas Park, and many others. 

Melinda Morris is an experienced criminal defense attorney in St. Petersburg who has handled cases on both sides of the aisle as a former Assistant State Attorney with the Sixth Judicial Circuit in Pinellas County.

Call (727) 388-4736 or submit an online contact form to let our lawyer review your case and answer all of your legal questions during a free initial consultation.


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