ORLANDO, Fla. (January 11, 2020) — A 21-year-old man from Ocala is under arrest after law enforcement authorities say he entered a women’s bathroom at a nightclub, pulled down his pants, and tried to force himself on a woman. The woman fought her attacker off. Employees of the establishment tackled the assailant and held him down until Orlando police arrived. Orlando police charged the man with attempted sexual battery. According to a news article appearing on wcbj.com, the man is held instead of posting a $10,000.00 bond. There was no information available about the man’s first scheduled appearance in court. *
The Orlando Police Department said the incident they investigated occurred at the Avenue Gastropub located in the downtown section of Orlando. There, police said, a woman and her friends were enjoying the evening at the establishment when she left the table to use the women’s room. The woman said that when she entered the bathroom, she noticed a man wearing a gray suit standing to her left. The woman told police she told the man it was the women’s room, and the man simply apologized but did not leave. The woman said that the man next closed the door to the restroom, pulled his pants down and exposed his genitals. The man asked her if she would have sex with him. She told the man no and attempted to exit the bathroom. The man allegedly grabbed her and dragged her into one of the stalls in an attempt to rape her. She punched him in the face several times to free herself.
The woman eventually broke free and asked the restaurant staff for help. One of the staff members tackled the assailant and held him down until police arrived. Orlando police arrived a short while later and placed the suspect under arrest.
Sexual assault is a heinous crime. Even a mere allegation of sexual assault could ruin a person’s life, even if the claim was never substantiated. Suspects accused of sexual assault face an uphill battle in front of a jury. Most people hear the name of the charge and automatically assume that the person is guilty. A vigorous defense spearheaded by experienced, savvy, and aggressive sexual battery defense attorneys is necessary to preserve your liberty and protect your rights. Otherwise, a person charged with sexual battery in Florida could suffer heavy penalties such as decades of incarceration, fines, probation with court-ordered monitoring, and sex offender registration.
Section 794.011 of the Florida Statutes describes the crime of sexual battery and describes the potential punishments a person convicted of the crime could face. Sexual battery in Florida is any act constituting anal, oral, vaginal penetration or union with the sex organs of another or an object inserted into the vaginal or anal cavity. The term battery implies a lack of consent.
Consent, under section 794.011, is the knowing a voluntary agreement that was not a product of coercion. Furthermore, consent must be affirmative and cannot be inferred by the failure of a person to resist the sexual battery physically.
A person eighteen years-of-age or older convicted of a sexual battery without consent on a person while using force or the threat of force commits a life felony. A person convicted of a life felony in Florida faces up to life in prison or any term of years.