Sexual Battery Lawyer
It can be extremely harrowing to be investigated for or charged with any crime, but allegations of sexual crimes can be particularly damaging. Sexual offenses draw a certain degree of vitriol from the public. As a result, an alleged offender can lose their reputation and livelihood even if they never took part in any unlawful sexual activity.
Sexual battery crimes are some of the most serious sex crimes in the criminal justice system. If you are accused of sexual battery in Florida, you may face a felony conviction, a life prison sentence, fines, and mandatory registration as a sex offender. If you are being investigated or prosecuted for a sex crime in the State of Florida, you should contact an experienced criminal defense attorney in your area right away.
Overview
What is Sexual Battery?
Sexual battery is a criminal offense. Florida Statute 794.011(1)(j) defines sexual battery as “oral, anal, or female genital penetration” by another person’s sexual organs or with an object without their consent. Under Florida law, sexual battery and sexual assault are interchangeable terms.
An alleged offender can face criminal charges for sexual battery. Sexual battery includes:
- Rape,
- Sodomy,
- Fingering,
- Groping, and
- Other unwanted sexual touching
Sexual assault can be related to sexual harassment. Sexual assault does not, however, include acts that are performed for valid medical purposes.
What is Consent?
Florida Statute 794.011(1)(a) defines consent as “intelligent, knowing, and voluntary” permission. Here are a few examples of non-consent.
Failure to Resist
A victim’s failure to physically resist sexual assault, including rape, does not count as consent under Florida law. This means that a person who is physically incapacitated and cannot resist or say no cannot give consent, and any sexual activity with them is considered sexual assault.
Coercion
Coerced submission doesn’t count as consent either. In other words, a person can’t obtain a victim’s consent to participate in a sexual act by threatening or using force, threatening retaliation, or giving drugs or alcohol to the victim without their knowledge or against their will. If a person does any of those things and then proceeds to engage in sexual activity, it’s considered sexual assault.
Mental Defect or Incapacitation
A person who suffers from a mental defect or incapacitation cannot consent to sexual activity. Under Florida Statute 794.011(c), a person may be mentally defective if they suffer from a disease or disability that temporarily or permanently prevents them from being able to appraise the nature of their conduct. Florida Statute 794.011(d) defines mental incapacitation, on the other hand, as the temporary inability to appraise or control one’s conduct due to involuntary intoxication.
Statutory Rape
A person under the age of 18 generally cannot consent to sexual activity in the State of Florida. Engaging in sexual activity with a person who is under the age of consent is known as statutory rape. When it comes to sexual battery charges involving statutory rape, the court presumes a lack of consent, which means the prosecutor is not required to prove that the alleged victim didn’t consent.
An accused person’s ignorance of a victim’s age is not a defense to statutory rape. Even if the alleged offender can prove they didn’t know how old the alleged victim was, they will still face statutory rape charges.
The Florida legislature has, however, included a “Romeo and Juliet” provision in its statutory rape law, allowing 16- or 17-year-olds to consent to sexual conduct with a person under 24 years of age. Put differently, a person who is 23 years old or younger can have consensual sexual activity with a 16- or 17-year-old and won’t face statutory rape charges.
Potential Penalties for Sexual Battery
Sexual battery is a felony offense, but the penalties vary based on certain factors. For example, alleged offenders may face more harsh punishments depending on the age of the alleged victims and whether any aggravating circumstances were involved.
Florida Statute Chapter 794 outlines criminal charges involving sexual battery as follows.
Second-Degree Felony
A sexual battery is a second-degree felony and is punishable by up to 15 years in prison and up to $10,000 in fines if:
- The perpetrator and the victim were both 18 years old or older, or
- The perpetrator was under 18 and the victim was 12 years old or older, and
- The perpetrator did not use physical force or violence that was likely to result in serious personal injury.
First-Degree Felony
A sexual battery is a first-degree felony and is punishable by up to 30 years in prison and up to $10,000 in fines if:
- The perpetrator was 18 years old or older and the victim was 12 years old or older but under 18,
- The perpetrator and the victim were 18 years old or older, or
- The perpetrator was younger than 18 years old and the victim was 12 years old or older, and
- Any of the aggravating circumstances outlined in Florida Statute 794.011(4)(e) apply (such as coercion, drugging, or the victim’s mental defect).
The same charges and penalties apply if:
- The perpetrator has certain prior convictions,
- The victim was 12 years old or older, and
- The perpetrator did not use physical force or violence that was likely to result in serious personal injury.
A sexual battery is a first-degree felony and is punishable by a term of years up to life in prison if:
- The perpetrator has certain prior convictions, the victim was 12 years old or older, and any of the aggravating circumstances outlined in Florida Statute 794.011(4)(e) apply; or
- The perpetrator had familial or custodial authority over a person who was under 18 years old and committed sexual battery upon that person when they were 12 years old or older but under 18.
Life Felony
Sexual battery is a life felony and entails a mandatory minimum of 30 years up to life if committed before October 1, 1983, or a term of imprisonment up to life or 40 years if committed on or after that date, plus fines up to $15,000 if:
- The perpetrator was under 18 years old, the victim was under 12 years old, and the perpetrator injured the victim’s sexual organs in the commission or attempt of sexual battery;
- The victim was 12 years old or older and the perpetrator used or threatened to use a deadly weapon or used physical force that was likely to cause serious personal injury; or
- The perpetrator had a familial or custodial authority over a person who was under 18 years old and, while the victim was under 12 years old, committed sexual battery upon them or injured their sexual organs in an attempt to commit sexual battery (this can qualify as a capital felony as well).
Capital Felony
Sexual battery can lead to capital felony charges and be punishable by a term of up to life in prison plus fines if:
- The perpetrator was 18 years old or older,
- The victim was under 12 years old, and
- The perpetrator committed sexual battery or injured the victim’s sexual organs in an attempt to commit sexual battery.
As noted above, a person can also be found guilty of a capital felony if they had a familial or custodial authority over a person who was under 18 years old and, while the victim was under 12 years old, committed sexual battery upon them or injured their sexual organs in an attempt to commit sexual battery.
Although Florida is a death penalty state, prosecutors historically haven’t been allowed to seek the death penalty in sexual battery cases. As of October 1, 2023, however, a new Florida law will allow prosecutors to seek the death penalty in sexual battery cases involving victims who are under 12 years old.
For more information, check out Florida Statutes Chapter 775, which sets forth penalties and mandatory minimum sentences in the State of Florida.
How a Sexual Battery Charge Can Affect Your Sex Offender Status
Having a felony offense on your criminal record is bad enough. But if you’re convicted of any of the sex offenses described above, a court can also require you to register as a sex offender. Sex offenders lose certain rights, including the right to own a firearm and work in certain professions. Sex offenders are also restricted from being near school zones and alleged victims.
Possible Defenses to Sexual Assault Charges
An experienced criminal defense attorney can help you fight all kinds of sex crime charges by negotiating with prosecutors and raising reasonable doubt.
A solid sexual battery defense can take many forms. For example, a criminal defense attorney can argue that the alleged victim is lying or confused and that there is no physical evidence indicating that sexual contact ever occurred.
A sexual battery attorney can also argue that the alleged victim was sexually assaulted but that the victim, law enforcement, or the prosecutor has mistakenly identified you as the alleged offender.
Alternatively, a defense attorney can argue that the incident occurred but the alleged victim consented or you had diminished capacity and did not have the requisite criminal intent to commit sexual assault.
Choosing a Sex Crimes Lawyer in South Florida
If you are being investigated for sexual assault or are facing sexual battery charges in the West Palm Beach or Treasure Coast area, you need legal representation.
Meltzer & Bell knows the ins and outs of the criminal justice system and can give you the advanced legal assistance you need. Our legal team has extensive experience with Florida sexual battery cases and can help you present a solid criminal defense no matter what kind of sex crime or other crimes you’ve been accused of.
Our law firm has locations in Stuart, Fort Lauderdale, and West Palm Beach, Florida, and we’ve provided legal representation to clients facing sexual assault charges throughout Saint Lucie, Martin, and Palm Beach County.
Meltzer & Bell attorneys will make themselves available to you 24 hours a day, seven days a week so they can answer any questions you have about your case. Call our law firm at (772) 291-2534 or submit your information through our online form today to set up a free case evaluation.
