A massage therapist was accused of raping his client during a massage he performed on her. He was arrested after denying any sexual contact with the alleged victim but after his sperm was found from a vaginal swab taken from her. After the state offered plea deals ranging from 8 to 12 years of prison, and with the client facing 15 years of prison if convicted, the client’s case was set for trial.
Sexual Battery In Florida
Sexual battery, also known as rape, occurs when an individual has non-consensual anal, oral, or vaginal penetration using an object or their sex organ. Consent is when the alleged victim knowingly allows the defendant to perform those actions without the inclusion of coercion. Penalties for sexual battery are given based on the age of the offender and the victim. This crime is aggressively prosecuted in the state.
Sexual batters must complete all prison time given to them. There is not an option for early release. Under Florida law, everyone convicted of rape will also be placed on the sexual offenders or sexual predators list. The offender will be placed on this list for life. The offender will also need to think about travel, due to the fact that there are specific sexual offender registration laws and regulations across the United States.
Sexual battery is a second-degree felony. It is punishable by up to 15 years in prison, 15 years of probation time, and a fine of $10,000. Sexual battery is a level 8 offense under the Florida Criminal Punishment Code. Any judge is required to give at least 7.75 years in prison with a 2-year sexual probation term.
Hiring Musca Law Firm
If you have been wrongly accused of sexual battery in Florida, you need an experienced lawyer fighting in your corner. At Musca Law Firm, we have handled numerous sexual battery cases. We have the experience you are looking for and need to best defend yourself and your rights. Our team of lawyers has over 150 years of combined experience. We will develop a strong defense for your case and will not hesitate to go head-to-head with the prosecution. We offer a free, no-obligation initial consultation and our phone lines are open 24 hours a day. Do not wait another minute if you have been charged with this serious crime and are in need of legal representation. We want to help you so that you do not have this hanging over your head for the rest of your life. Call us today!
RESULT: The Defense prepared for trial by taking many depositions of crucial witnesses and from those depositions developed a strategy for the strategic defense of the case, based also upon the account of the client. At a multiple-day trial, the defense argued consent by the alleged victim, despite the client’s initial denial of any sexual contact with her, and the defense was able to create enough reasonable doubt about the State’s case that a jury found the client Not Guilty of the charge of sexual battery as well as any lesser included offenses! Our client went home as a free and innocent man!