Under Florida law, sexual battery (also referred to as rape) is the unlawful and non-consensual sexual penetration or sexual contact with another person. This can involve various forms of penetration, including vaginal, oral, or anal. Sexual battery can occur under different circumstances, but the key element is that the victim did not consent to the sexual act.
In Florida, sexual battery is classified as a felony offense, and the penalties can be extremely severe, including lengthy prison sentences and mandatory sexual offender registration.
Types of Sexual Battery?
Florida law provides for several different classifications of sexual battery based on various factors such as the age of the victim, the defendant's relationship to the victim, the use of force or coercion, and the defendant's prior criminal history. The various types of sexual battery offenses include:
- Sexual Battery (General): This refers to the unlawful and non-consensual sexual penetration of an individual. Depending on the circumstances, it may be classified as a first-degree felony, a life felony, or another level of felony.
- Sexual Battery on a Victim Under 12 Years Old: This is one of the most severe offenses under Florida law and is classified as a Life Felony. It involves the sexual battery of a victim who is under the age of 12, regardless of whether the act involved force, coercion, or consent
- Sexual Battery on a Victim 12-18 Years Old: When the victim is between 12 and 18 years of age, sexual battery can be classified as a First-Degree Felony. If the perpetrator is in a position of authority or if there is an abuse of trust (such as in cases of teachers, guardians, etc.), the penalties may be more severe.
- Sexual Battery by Using Force or Threat of Force: This offense occurs when force or threats are used to commit the sexual battery. This can be classified as a First-Degree Felony or, in some cases, a Life Felony if the victim suffers serious bodily injury or the defendant is a repeat offender.
- Sexual Battery of a Mentally or Physically Disabled Victim: If the victim is physically or mentally incapacitated and unable to consent, this offense is considered more severe. It is typically classified as a First-Degree Felony but can be upgraded to a Life Felony depending on the severity of the situation.
- Sexual Battery (Without Consent) Involving Alcohol or Drugs: In cases where the victim is rendered unconscious or incapable of giving consent due to alcohol or drugs, the charge may involve enhanced penalties. This is often treated as a First-Degree Felony and may carry higher sentencing depending on the specific circumstances.
- Attempted Sexual Battery: Attempted sexual battery charges are brought when a person is accused of attempting to commit sexual battery but is unsuccessful in completing the act. Even though the offense was not fully completed, attempted sexual battery is a serious felony charge, usually classified as a Second-Degree Felony.
Penalties for Sexual Battery in Florida
The penalties for petit theft depend on the degree of the crime and any prior convictions:
- Imprisonment: Depending on the degree of the charge, sentences may range from several years to life in prison.
- Sex Offender Registration: A conviction for sexual battery may result in mandatory registration as a sex offender, with lifelong consequences including restrictions on where you can live, work, or travel.
In addition to jail time and fines, a sexual assault conviction can lead to probation, community service, restitution to the victim, and a criminal record that may impact employment, housing, and future opportunities.
Defenses Against Petit Theft Charges
At The Law Offices of Robert David Malove, we understand that not all accusations of sexual battery are accurate, and we will work diligently to defend you against false or exaggerated claims. Potential defenses against sexual battery charges include:
- Consent: Proving that the alleged victim gave consent or that the act was misinterpreted.
- False Allegations: Demonstrating that the allegations were fabricated for revenge, manipulation, or other motives.
- Mistaken Identity: Showing that you were not the individual responsible for the offense.
- Inability to Form Intent: Establishing that the defendant was incapable of committing the crime due to mental or physical conditions.
- Improper Police Procedures: Challenging the legality of the search, arrest, or evidence collection.
Contact Us for a Free Consultation
If you are facing sexual battery charges in Florida, don’t wait to get the legal help you need. The sooner you contact us, the sooner we can start building your defense. Contact us online today or by calling our office at 954-861-0384 to schedule a consultation with one of our experienced criminal defense attorneys.