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Capitol Sexual Battery Law, Penalties and Defenses in Florida

Sexual battery, also commonly known as rape, is an aggressively prosecuted crime in Florida and is associated with severe penalties. Specifically, if a person is convicted of sexual battery, he or she can face life in prison. Many times, a sexual battery case ends up being one individual’s word against the other. That is why you need a seasoned Florida sexual battery defense attorney to defend you. A skilled attorney at Musca Law will advise you of your legal rights and options, investigate the claims, keep you well-informed during the pendency of your case, and develop a strong defense strategy on your behalf. Don’t wait to contact us, as your life and liberty depend upon it. We are available 24 hours a day, seven days a week, so call our experienced team of Florida criminal defense lawyers now at (888) 484-5057.

Definition of Sexual Battery

Under Florida law, “sexual battery” is defined as “oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object.”

In addition to regular sexual battery, there are several enhanced types of sexual battery in Florida. These are as follows:

Aggravated Sexual Battery

In Florida, an individual commits aggravated sexual battery when he or she has anal, oral, or vaginal contact with another individual while using an object or sexual organ under certain aggravating circumstances. The aggravating circumstances are (i) the victim is unable to resist; (ii) the victim is forced into submission by threats of violence or force that are likely to lead to serious physical injury and he or she had a reasonable belief that the offender has the ability to execute the threat; (iii) the victim is forced into submission due to threats of retaliation by the offender; (iv) the victim is drugged by the offender, without consent and knowledge, so that they are rendered physically or mentally incapacitated; (v) the victim has a mental defect and was taken advantage of by the offender; and (vi) the offender is a correctional officer, law enforcement officer, correctional probation officer, or any other individual who is in a position of authority or control, or an individual reasonably believed to have authority or control as an employee or agent of the government.

Sexual Battery with a Deadly Weapon

Sexual battery with a deadly weapon occurs when an individual has non-consensual anal, oral, or vaginal contact with another individual while using, or threatening to use a deadly weapon.

Sexual Battery on a Child Under 12

Sexual battery of a child under the age of twelve occurs when, regardless of whether there was consent or not, an individual has anal, oral, or vaginal contact with a child who is less than twelve years old.

Sexual Battery Likely to Cause Serious Personal Injury

Sexual battery likely to cause serious personal injury occurs when an individual applies physical force that is likely to result in serious bodily injury while committing the crime of sexual battery.

Capital Sexual Battery

Capital sexual battery is an offense where an individual commits battery against another person who is below the age of twelve. This can involve committing a battery against the individual or causing injury to the victim’s sexual organs.

Penalties for Sexual Battery

Sexual Battery

The offense of sexual battery constitutes a second-degree felony that carries with it a maximum of fifteen years in jail, fifteen years of sex offender probation, and a monetary fine of $10,000. Under Florida Criminal Punishment Code, sexual battery is a Level 8 offense, which is associated with a minimum sentence of 7 ¾ in jail followed by a maximum of two years of sex offender probation.

Aggravated Sexual Battery on Person between 12 and 18 Years of Age

The offense of aggravated sexual battery on person between twelve and eighteen years old is punishable as a life felony and is associated with a lifetime of sex offender probation and a $10,000 monetary fine. Pursuant to Florida’s Criminal Punishment Code, this crime is a Level 9 offense where a judge must sentence the offender to a minimum of nine years in jail and at least two years’ worth of sex offender probation.

Aggravated Sexual Battery on Person 18 or Older

Aggravated sexual battery of an individual who is eighteen years old or older is a first-degree felony that is associated with a prison sentence of up to 30 years, sex offender probation for 30 years, and a monetary fine of $10,000. Under Florida Criminal Punishment Code, aggravated sexual battery is a Level 8 offense, which is associated with a minimum sentence of 7 ¾ in jail followed by a maximum of two years of sex offender probation.

Sexual Battery on a Child Under 12 by an Offender Under the Age of 18

The offense of sexual battery of a child under twelve by an individual who is under the age of eighteen is a life felony that is punishable by up to life in prison, a lifetime of sex offender probation, and a monetary fine of $10,000. Pursuant to Florida’s Criminal Punishment Code, sexual battery of a minor under the age of twelve constitutes a Level 9 offense, which is associated with a minimum prison sentence of nine years and at least two years of sex offender probation.

Sexual Battery on a Child Under the Age of 12

The sexual battery of a child under the age of twelve, also known as capital sexual battery, that is committed by an individual who is age eighteen or older constitutes a life felony. A person convicted of capital sexual battery will not be eligible for parole.

Sexual Battery Likely to Cause Serious Personal Injury

The offense of sexual battery likely to cause serious personal injury constitutes a life felony that is associated with a life prison sentence, a lifetime of sex offender probation, and a monetary fine of $10,000. This crime is a Level 10 offense under Florida’s Criminal Punishment Code, which carries with it a minimum prison term of 10 ½ years and sex offender probation for at least two years.

Sexual Battery Likely to Cause Serious Personal Injury

The offense of sexual battery likely to cause serious personal injury constitutes a life felony that is associated with a life prison sentence, a lifetime of sex offender probation, and a monetary fine of $10,000. This crime is a Level 10 offense under Florida’s Criminal Punishment Code, which carries with it a minimum prison term of 10 ½ years and sex offender probation for at least two years.

Sexual Battery with a Deadly Weapon

The offense of sexual battery with a deadly weapon constitutes a life felony that is associated with a life prison sentence, sex offender probation for life, and a monetary fine of $10,000. This crime is a Level 10 offense under Florida’s Criminal Punishment Code, which carries with it a minimum prison term of 10 ½ years and sex offender probation for at least two years.

Sexual Battery Defenses

There are various pretrial and trial defenses that can be brought for in any Florida criminal proceeding. However, the two main defenses to the offense of sexual battery are consent and false allegations.

Consent must be formed knowingly, intelligently, and voluntarily. This means that if an individual used drugs or intoxicating substances to overcome a victim and commit sexual battery, the jury will likely render a guilty verdict since the individual did not voluntary consent to the sexual activity. Moreover, it is not a viable defense if a victim did not resist the sexual battery. However, this is something that a jury must consider when rendering a determination as to whether the sexual activity was coerced or consensual.

False allegations is another defense to sexual battery. The main reasons for false allegations include (i) jealousy; (ii) mental illness of the victim; (iii) mentally ill parents that influence a minor; (iv) manipulation of minors by an angered parent; and (v) fear of being caught in an affair.

Contact Musca Law Today. Your Life and Your Liberty Depend Upon It!

If you are facing sexual battery charges in Florida, contact our seasoned Florida sexual battery defense attorneys at Musca Law as soon as possible in order to preserve your legal rights and interests. Our firm’s attorneys are among The National Trial Lawyers – Top 100 Trial Lawyers, included in the 2012 Florida Super Lawyers® for criminal defense, and boast 10.0 Superb Avvo ratings. We know how to protect your future. We are skilled, experienced, tenacious, and relentless when it comes to defending our clients. Our seasoned Florida criminal defense attorneys work zealously to exploit the weaknesses in the prosecution’s case and develop a strategic defense for our clients. Our record of success in and out of the courtroom speaks for itself. To learn more about how Musca Law can make a difference for you, call (888) 484-5057 today.

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