What are my chances of winning a sexual assault or rape case in Florida?

Asked in Aventura, FL on June 11, 2014 Last answered on February 5, 2026

1 answer

Rocky Brancato
Answered by:

Rocky Brancato

Tampa, FL
Brancato Law Firm, P.A. 813-773-3029
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Answer

Every case is different, and no ethical attorney can guarantee an outcome. But sexual assault cases are among the most defensible serious felonies because they often depend heavily on witness credibility, memory, and the absence of physical evidence. Factors that affect your chances include: the consistency (or inconsistency) of the accuser's statements, whether there's forensic evidence and what it actually proves, the timeline of the report (immediate vs. delayed), potential motives to fabricate, and whether alcohol or drugs affected perception and memory. An experienced defense attorney will obtain all evidence the State has, hire investigators to find what the State missed, retain forensic experts if needed, and look for Brady material the prosecution is required to disclose. These cases require aggressive, thorough preparation — but many are absolutely winnable if the client can tolerate the risk.

February 5, 2026

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