Rape

Rape Attorney in Stuart, Florida

Former Officer. Former Prosecutor. Fighting Sexual Battery Charges in Martin County.

A rape or sexual battery charge is one of the most serious accusations Florida law recognizes. The consequences extend far beyond prison time: a conviction can mean lifetime sex offender registration, permanent damage to employment and housing prospects, and the loss of civil rights. At ADL Law, P.A., we defend clients facing these charges in Stuart and throughout Martin County. Our team includes Attorney Adam Less, a former law enforcement officer, and Attorney Molly McCaffrey, a former prosecutor. That combination gives us direct insight into how police build cases and how the state prepares for trial, which informs every motion we file and every strategy we pursue on your behalf.

Over a decade of criminal defense experience backs our work on these cases. Florida law allows the state to pursue charges even without the alleged victim’s cooperation, and anything you say to law enforcement before counsel is present can be used against you. We offer free initial consultations, available in-office or virtually, and we’re ready to act from the moment you contact us.

If you or someone you know is facing a rape or sexual battery charge in Stuart, call ADL Law, P.A. now at (772) 280-5052. The earlier you have counsel, the more options remain open to you.

Sexual Battery Under Florida Law

Florida doesn’t use the word “rape” in its statutes. The charge is sexual battery, defined under Florida Statute 794.011 as oral, anal, or vaginal penetration by, or union with, the sexual organ of another, or anal or vaginal penetration by any other object, without consent. The statute defines consent as “intelligent, knowing, and voluntary” (a victim’s failure to physically resist doesn’t constitute consent under Florida law).

To secure a conviction, the prosecution must prove both the prohibited act and the absence of consent beyond a reasonable doubt. The charge level depends heavily on the specific facts of the case.

Aggravating circumstances that can elevate the offense include:

Victim incapacitation: The alleged victim was physically helpless, drugged, or otherwise unable to give consent
Use of a deadly weapon: A weapon was used or threatened during the offense
Age of the victim: Sexual battery on a victim under 12 by a person 18 or older is a capital felony under Florida law

Florida imposes no statute of limitations for sexual battery when the victim is a minor or when the offense is classified as a capital or life felony.

What a Conviction Can Cost You

Every sexual battery conviction in Florida is a felony. Where sentencing lands depends on the victim’s age, the defendant’s age, and the presence of aggravating factors. Under Florida Statute 794.011, sexual battery on a victim 18 or older without serious physical force is a second-degree felony carrying up to 15 years in prison. When aggravating circumstances are present (such as coercion, incapacitation, or a position of authority), the charge rises to a first-degree felony with a maximum of 30 years. When force likely to cause serious personal injury was used, the offense becomes a life felony, and the mandatory minimum under the Criminal Punishment Code rises to 10.5 years, followed by at least two years of sex offender probation. A conviction involving a victim 12 or older and a deadly weapon or severe force also carries a potential life sentence.

Beyond prison time, anyone convicted of sexual battery in Florida must register as a sex offender for life. That registration is publicly searchable and touches every area of daily life: where you can live, what jobs you can hold, where you can travel, and what rights you retain. A person classified as a sexual predator can’t petition for removal from the registry.

How ADL Law, P.A. Defends Sexual Battery Charges in Stuart

Our defense starts with a thorough review of how the state built its case. Attorney Less’s background in law enforcement tells us where police procedures can break down and where constitutional violations are likely to surface. Attorney McCaffrey’s prosecutorial experience tells us how the state intends to use the evidence it has. Together, that perspective shapes a defense built around the actual weaknesses in the case against you.

Our approach covers several interconnected areas:

Evidence review: We examine digital forensics, medical reports, and witness statements for errors, inconsistencies, and procedural misconduct
Suppression motions: We file pre-trial motions to exclude evidence obtained in violation of your constitutional rights
Defense strategy: Common defenses on these charges include consent (where the alleged victim was an adult capable of giving voluntary, knowing consent), false accusations, alibi, and mistaken identity
Trial readiness: We prepare every case as if it will go to trial, working to establish reasonable doubt through vigorous courtroom defense

Text messages, electronic communications, surveillance footage, and independent witness accounts can all be critical to the outcome. We work to identify and preserve that evidence early, before it disappears.

Why Stuart Clients Bring These Cases to ADL Law, P.A.

As a dedicated small firm, we give each client’s case our full attention. You won’t be handed off to junior staff. We also understand that a serious felony charge creates real financial strain. ADL Law, P.A. offers payment plans and discounts for veterans and law enforcement. Consultations are available in-office or virtually.

Our attorneys have earned recognition from multiple independent rating organizations:

Avvo Client’s Choice Award (2015)
10 Best 2018 Client Satisfaction — American Institute of Criminal Law Attorneys
2025 Martindale-Hubbell Award
Top 40 Under 40 Trial Lawyer — The National Trial Lawyers (Attorney Less)

Contact ADL Law, P.A. for a Free Consultation

If you’re facing rape or sexual battery charges in Stuart or anywhere in Martin County, the time to act is now. Don’t wait to get representation in place.

Call ADL Law, P.A. at (772) 280-5052 to speak with a sexual battery defense attorney in Stuart today. We offer free consultations by phone or through our online contact us form, with virtual appointments available. Payment plans and discounts for veterans and law enforcement are also available.

What to Do Immediately After a Rape Accusation or Arrest in Stuart

The actions you take in the first hours after an accusation or arrest can significantly shape the defense options available later. Attorney Less knows from his time in law enforcement that investigators are trained to gather usable statements quickly. People who believe they’re simply clearing up a misunderstanding often say things that become damaging evidence. Don’t speak to police officers without defense counsel present.

Florida law gives you the right to remain silent. Invoking that right and asking for an attorney can’t be treated as evidence of guilt. Use both rights immediately.

Beyond staying silent, there are concrete steps that can protect your case:

Preserve evidence: Retain any clothing, electronic devices, messages, location data, or witness contact information that could support your defense. Evidence disappears quickly, and early preservation matters.
Avoid contact with the alleged victim: Don’t reach out directly or through a third party. Any contact after an accusation or arrest can result in additional charges.
Contact an attorney before anything else: ADL Law, P.A. can step in at any stage (before charges are filed, at the time of arrest, or during an active investigation) to protect your constitutional rights from the start.

A Florida rape case typically moves from arrest and booking to a first court appearance within 24 hours, then to arraignment, pre-trial hearings covering bail and evidence, and potentially trial. The earlier we’re involved, the more of that process we can shape. Call ADL Law, P.A. at (772) 280-5052 as soon as you’re able.

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