Sex crime criminal defense lawyers Benjamin, Aaronson, Edinger and Patanzo

Sexual Battery

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Florida Sex Crimes Defense Lawyers

One of the most serious sex crimes, especially when committed against children, is sexual battery. Rape is the term most associated with the offense of sexual battery.

As defined by Florida Statute,  “Sexual battery” means 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; however, sexual battery does not include an act done for a bona fide medical purpose.

Those accused of sexual battery may face up to life in prison depending upon the circumstance of the sexual act. Classification of the felony sexual battery offense will depend upon the age of the victim and the aggravating factors involved in the sexual act. Long prison sentences and registration as a sex offender will occur as a result of a conviction of this crime.

Under Florida law:

  1.   A person 18 years of age or older who commits sexual battery upon, or in an attempt to commit sexual battery injures the sexual organs of, a person less than 12 years of age commits a capital felony.
  2. A person less than 18 years of age who commits sexual battery upon, or in an attempt to commit sexual battery injures the sexual organs of, a person less than 12 years of age commits a life felony
  3. A  person who commits sexual battery upon a person 12 years of age or older, without that person’s consent, and in the process thereof uses or threatens to use a deadly weapon or uses actual physical force likely to cause serious personal injury commits a life felony
  4. A person who commits sexual battery upon a person 12 years of age or older without that person’s consent, under any of the following circumstances, commits a felony of the first degree
    • When the victim is physically helpless to resist
    • When the offender coerces the victim to submit by threatening to use force or violence likely to cause serious personal injury on the victim, and the victim reasonably believes that the offender has the present ability to execute the threat.
    • When the offender coerces the victim to submit by threatening to retaliate against the victim, or any other person, and the victim reasonably believes that the offender has the ability to execute the threat in the future.
    • When the offender, without the prior knowledge or consent of the victim, administers or has knowledge of someone else administering to the victim any narcotic, anesthetic, or other intoxicating substance which mentally or physically incapacitates the victim.
    • When the victim is mentally defective and the offender has reason to believe this or has actual knowledge of this fact.
    • When the victim is physically incapacitated.
    • When the offender is a law enforcement officer, correctional officer, or correctional probation officer or is an elected official or any other person in a position of control or authority in a probation, community control, controlled release, detention, custodial, or similar setting, and such officer, official, or person is acting in such a manner as to lead the victim to reasonably believe that the offender is in a position of control or authority as an agent or employee of government.
  1. A person who commits sexual battery upon a person 12 years of age or older, without that person’s consent, and in the process thereof does not use physical force and violence likely to cause serious personal injury commits a felony of the second degree.
  2. Without regard to the willingness or consent of the victim, which is not a defense to prosecution under this subsection, a person who is in a position of familial or custodial authority to a person less than 18 years of age and who:
    • Solicits that person to engage in any act which would constitute sexual battery commits a felony of the third degree
    • Engages in any act with that person while the person is 12 years of age or older but less than 18 years of age which constitutes sexual battery commits a felony of the first degree
    • Engages in any act with that person while the person is less than 12 years of age which constitutes sexual battery or in an attempt to commit sexual battery injures the sexual organs of such person commits a capital or life felony

 

See full subsection with definitions here

What to do

If you or someone you know has or may be charged with a sex crime a qualified sex crimes lawyer should be contacted immediately.  No information should ever be given out to anybody without the presence of a lawyer. Speaking with law enforcement before consulting a lawyer can be a huge mistake even if you think it is the right thing to do.

There are many directions a case can go. To protect your rights and fight in your defense, a sex crimes lawyer is a necessary part of the process to ensure  the best outcome for your future.

Contact our offices for a complimentary consultation. Let us help you through this stressful and life altering event and seek justice on your behalf.