In Florida, sexual battery is one of the state’s most aggressively prosecuted crimes. Florida’s prosecutors determinedly go after those accused of committing this offense, and when someone is found guilty, the conviction comes with some of the harshest penalties and lengthiest prison sentences. Here is a list of five things that you need to know about the sexual battery laws in Florida.
1. How Does the State of Florida Define Battery of a Sexual Nature?
Sexual battery is synonymous with rape in the state of Florida. A person commits this crime when he or she has nonconsensual vaginal, oral or anal sex with another individual by using a sexual organ or a physical object. (FL. Statute Section 794.011)
The crime is considered enhanced if it is:
- With a child
- Likely to cause a serious personal injury
- Committed using a deadly weapon
2. What are the Penalties for Someone Convicted of Sexual Battery?
The penalties for sex crimes vary depending on the ages of those involved in the crime and the circumstances of the wrongdoing. For instance, if the offender is 18 years old or older and the victim is younger than age 12, then the accused person will be facing a capital felony, punishable by life in prison in addition to the other penalties, including fines and designation as a sexual predator or offender.
If the victim is older than age 12, then an offender who is at least 18 years old will receive a fine and up to 30 years in prison. A judge may punish the offender with both penalties. The consequences could also be more severe in cases where the victim is physically unable to resist the sexual battery or is mentally incapacitated.
If you or someone you know is accused of committing a sex crime, contact our office immediately to schedule a free consultation to discuss your case. Our attorneys have years of experience defending individuals charged with sexually related criminal offenses.
3. Sexual Battery Frequently Involves a Common Misconception
When most people reflect on rape, they often think of it as an encounter that occurs between the victim and a stranger. However, in the case of sexual battery, it often occurs between two individuals who know each other. This may include:
- Family members/authoritative figures
A husband or wife can be charged with sexual battery against their spouse. These cases routinely depend on whether the victim spouse agreed to the sexual encounter after using drugs or drinking alcohol. The defense attorneys at Powers Sellers & Finkelstein, PLC. represent those who are charged with all types of sex crimes.
4. It’s Important to Stay Silent Following a Sexual Battery Accusation
If a person is accused of committing a sexual battery, it is very important for him or her to stay silent when speaking to law enforcement. The right to remain silent is an important constitutional principle, one that affords all citizens the privilege against self-incrimination. An accused has the right to consult with an attorney prior to making any statements to law enforcement. Once this right is invoked, law enforcement cannot question the accused. If you are under investigation or under arrest for a sex crime, contact Powers Sellers & Finkelstein, PLC. so that one of our attorneys can advise you on your rights.
5. How Do Defense Lawyers Defend Those Accused of the Act?
There are several defenses available to those accused of sexual battery in Florida. Our attorneys have years of litigation experience and will explore all potential defenses after a thorough investigation into the facts of your specific case.
When it comes to the legal defense of sexual battery cases, our team has the experience to aggressively defend you with confidence. If you are accused of this type of crime, avoid self-incrimination, and be sure to contact us at Powers Sellers & Finkelstein, PLC. for immediate representation.