The defendant’s girlfriend accused him of having sex with her 16-year old daughter. The alleged victim’s mother filed an injunction against the suspect. The police investigated the suspect for sexual battery on a minor age 16 or younger.
Sexual Battery on a Minor Age 16 or Younger
Under Florida state law, sexual battery on a minor 16 years of age or younger is considered a felony. Many will use the term rape in exchange for sexual battery. Sexual battery can be defined as vaginal, anal, or oral penetration by, or in conjunction with, a sexual organ without consent from the other individual. Penalties for this will depend upon the age of the victim and the offender.
- Capital felony (life in prison without parole, possibly the death penalty) will result when an adult over the age of 18 commits sexual battery on a child under the age of 12.
- A life felony (30 years to life in prison) will be sentenced to those that commit sexual battery on someone under the age of 12 if they are under the age of 18.
- If the sexual battery was committed on someone over the age of 12, the offender will be charged with a second-degree felony, which is punishable by up to 15 years in prison.
- A first-degree felony (up to 30 years in jail) will be imposed if the sexual abuse was committed on someone over the age of 12 that included threats, coercive acts, or the victim had physical incapacity.
- A life felony will result if the offender used physical force or a deadly weapon.
Anyone that is convicted of sexual battery will be placed on the sex offenders list. Offenders are required to report all of their email addresses, as well as employment addresses, phone numbers, and internet identifiers.
The prosecution will need to prove in a case that the defendant engaged in either vaginal, oral, or anal penetration with the victim, using either an object or a sexual organ. They must also prove the union between the perpetrator’s sexual organ and the victim’s mouth, vagina, or anus occurred.
Contacting Legal Representation
If you have been charged with sexual battery on a minor under the age of 16 in the state of Florida, it is imperative that you contact legal representation as soon as possible. A skilled lawyer will be able to put a strong defense into place on your behalf. At Musca Law, we can do just that. We have well over 150 years of combined experience between our lawyers. We provide a free, no-obligation initial case consultation in order to determine how our legal services may best support your legal needs. We serve all of Florida in several different cities for your geographical convenience. Please do not hesitate to contact us today to see how our services may best support you and your rights!
RESULT: The attorney immediately contacted the State prior to the client speaking to the cops regarding the details of the case. The defense argued that the police did not have enough evidence to make an arrest and there is not enough evidence to prosecute. The State agreed and decided NOT TO FILE CHARGES!