Tampa Attorney for Consent Defense in Sexual Offenses

Are you or a loved one facing sex crime allegations in Tampa, Florida, or the surrounding Tampa Bay counties? If so, understanding your legal rights and options is crucial. Consent can be a powerful defense in adult-on-adult sex crime cases, but Florida law makes its application highly nuanced. You need an experienced attorney who knows how to build a strong, persuasive case to protect your future.

Attorney Rocky Brancato, a former elite sex crimes unit defense attorney at the Hillsborough County Public Defender’s Office, now aggressively defends individuals accused of sex offenses in the private sector. With over 25 years of dedicated experience in sex crimes defense, he possesses the knowledge and strategic skills necessary to fight for your rights.

Understanding Consent Under Florida Law

The Florida Standard Jury Instructions define “consent” as:  “Consent” means intelligent, knowing, and voluntary consent and does not include coerced submission. Consent does not mean the failure by the alleged victim to offer physical resistance to the offender. Both parties must affirmatively and willingly agree to sexual activity—without coercion, threats, intimidation, or deception. Submission out of fear or force does not qualify as consent.

To effectively argue a consent defense, strong evidence is essential. Tampa attorney Rocky Brancato employs strategic legal tactics, utilizing:

• Witness testimony establishing prior consensual interactions.
• Electronic communications, such as text messages, emails, or social media exchanges, demonstrating mutual agreement.
• Forensic evidence contradicting claims of force, injury, or lack of consent.
• Documentation proving that the accused reasonably believed the encounter was consensual because it was, in fact, consensual.

Florida’s Strict Laws on Minors and Consent

Florida imposes stringent legal limitations on the use of consent as a defense when the alleged victim is a minor. Under the law, minors cannot legally consent to sexual activity with an adult, making consent an invalid defense in most cases.

A narrow exception exists under the “close-in-age” exemption found in Section 794.05, Florida Statutes. This exemption prevents the criminalization of relationships between young individuals close in age. Specifically, if both parties are at least 16 years old and the accused is under 24 years of age, this defense may apply. However, if the accused is significantly older, the exemption does not apply, leading to severe penalties, including mandatory sex offender registration.

Why You Need an Aggressive Defense Strategy

Successfully asserting a consent defense requires an in-depth legal strategy. Attorney Rocky Brancato conducts thorough investigations into every case, considering factors such as:

• The relationship history between the accused and the alleged victim.
• The events leading up to the accusation and any inconsistencies in statements.
• Available evidence showing a lack of force, intimidation, or coercion.
• Any discrepancies or ulterior motives behind the allegations.

For example, in a sexual battery case, Rocky Brancato successfully convinced a jury that an encounter between a man and a woman in a van in Ybor City was consensual, not rape. The defense argued that they were caught in the act and the alleged victim felt embarrassed. The jury returned a verdict of Not guilty of sexual battery.

With over 25 years of hands-on experience handling sex crime defense cases, Attorney Rocky Brancato has the specialized knowledge necessary to develop a robust and aggressive defense strategy tailored to your case. His extensive background in defending sex crimes, child abuse cases, and homicide charges gives him unique insight into prosecutorial tactics, allowing him to effectively counter their arguments and protect his clients.

Don’t Face These Charges Alone – Call an Experienced Tampa Sex Crimes Attorney Today

A conviction for a sex crime in Florida can be devastating, leading to potential prison time, lifetime registration as a sex offender, and irreparable damage to your reputation and future opportunities. You need a skilled, aggressive defense attorney who will fight relentlessly for your rights.

Before you hire a sex offense attorney, read Rocky’s Book, How to Choose a Major Crimes Attorney – or Any Criminal Defense Attorney for That Matter, available for purchase on Amazon or for free download on our site. Rocky Brancato of The Brancato Law Firm, P.A. provides dedicated and strategic representation for individuals accused of sex crimes in Tampa, Hillsborough County, and across the Tampa Bay area.

Time is critical—early intervention can make all the difference in your case. Call (813) 727-7159 for a free, confidential consultation and take the first step toward defending your future.

Serving: Tampa, Hillsborough County, Pinellas County, Pasco County, and all of Tampa Bay.