Sexual battery is the legal term used when a person is accused of “rape.” Sexual battery is a criminal offense with extremely harsh consequences in Florida.
A person being prosecuted for sexual battery may face high-cost fines and the possibility of imprisonment upon conviction. A convicted sexual offender will also be required to register with the state’s Sexual Offender Registry for the remainder of their life. Additional outcomes include the social stigma of holding a sex crime conviction on your permanent record—which can complicate trying to find a job or house in the future.
While it is extremely important to take any sex crime accusation seriously, an arrest does not necessarily imply that a conviction will occur. One way to get ahead of your case and the charges against you is to work alongside a skilled defense attorney in your area.
Finding a Sexual Battery Attorney in Florida
Any person who has been accused of sexual battery should immediately seek out legal representation. Having a dedicated defense attorney on your side can immensely help. The attorneys at Ian Goldstein Law have years of experience representing clients in Florida for various battery and sex crimes charges. Contact our team at (561) 600-0950 or send us a message to receive a risk-free consultation regarding your case.
Defining Sexual Battery
Florida Statute Section 794.011 defines sexual battery 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; however, sexual battery does not include an act done for a bona fide medical purpose. It is unlawful for any person to penetrate the sexual organ of another person by any object that excludes acts done for a bona fide medical purpose. In short, a person can be charged with sexual battery for any non-consensual activity that involves penetration or union with the sexual organ of another.
In a sexual battery case, consent is an extremely important aspect. Consent is defined as an individual voluntarily, knowingly, and intelligently agrees to the sexual proposition of another person. Florida law states that “consent is not deemed or construed to mean the failure by the alleged victim to offer physical resistance to the offender.”
Charges for alleged rape are broken down into two categories: sexual battery and aggravated sexual battery. For a sexual battery case to be considered aggravated sexual battery, it implies the existence of aggravating circumstances. The following is a list of aggravating circumstances that can enhance a charge to aggravated sexual battery:
- The victim was threatened with use of force or violence to get them to submit to the sexual battery. This can include the use of weapons, firearms, or other means of harm.
- The victim was coerced into submitting with threats of retaliation against friends and family.
- The defendant was in a position of power or authoritye. police officer, corrections officer, correctional probation officer, or any other person in a position of control. (False accusations upon an officer or other authority figure can result in a third-degree felony in Florida.)
- The victim was helpless to resist being physically or mentally incapacitated—either from being asleep, drunk, drugged, or had a mental defect.
- The victim of the sexual battery case was a child under the age of 12, or a child between the ages of 12 and 18.
Sexual Battery Penalties
All sexual battery cases in Florida are charged as a felony offense. The specific penalties for a sexual battery charge will vary depending on the case details. Florida Statute Section 794.011 explains that a standard sexual battery charge is a second-degree felony in Florida. The two scenarios in which a person could be charged with second-degree felony sexual battery are as follows:
- Defendant is 18 or older and is accused of committing sexual battery on a victim 18 or older without their consent, but does not use physical force and violence likely to cause serious personal injury.
- Defendant is younger than 18 and is accused of committing sexual battery on a victim 12 or older without their consent, but does not use physical force and violence likely to cause serious personal injury.
A second-degree felony sexual battery conviction carries up to $10,000 in fines and up to 15 years in prison.
Enhanced penalties are provided to defendants who are accused of aggravated sexual battery. Under Florida Law, aggravated sexual battery is considered a first-degree felony. A first-degree felony sexual battery conviction carries up to $10,000 in fines and up to 30 years in prison.
There are even more severe penalties for certain cases including young children, authority figures, or sexual battery cases that cause lasting injuries. In instances such as these, sexual battery charges in Florida can result in a Life or Capital Felony. Below is an example of both charging scenarios:
- Life felony – A Life felony sexual battery conviction carries up to $15,000 in fines, and 25 years to life in prison. Life felony sexual battery scenarios include:
- Defendant is accused of sexual battery on a child 12 or older and uses or threatens to use a deadly weapon likely to cause severe injury; and
- A defendant younger than 18 is accused of sexual battery on a person younger than 12 and in doing so injures the victim’s sexual organs.
- Capital felony – A capital felony sexual battery conviction carries a mandatory sentence of Life in prison without the possibility of parole. Capital felony sexual battery scenarios include:
- Defendant older than 18 commits a sexual battery on a victim younger than 12 and in doing so injures the victim’s sexual organs; and
- A defendant in an authority or custodial role is accused of sexual battery on a victim younger than 12 and in doing so injures the victim’s sexual organs.
Disclaimer: These types of crimes cannot be sealed or expunged from a person’s criminal record.
Similar Sex Crime Charges
In addition to a standard sexual battery charge, the following lists two similar sex crime offenses a person can be charged with in the state of Florida:
- Unlawful Activity with Certain Minors – Sometimes referred to as “statutory rape,” a person can be charged with unlawful activity with certain minors if they engage in sexual activities with minors. Under Florida Statute Section 794.05, a person who is 24 or older and has sexual encounters with a person who is between 16 and 17 can be charged with a criminal offense. Even if the victim consented, it is not relevant to the prosecution since they are still considered a minor. A person accused of unlawful activity with certain minors can be charged with a second-degree felony in Florida. A second-degree felony conviction carries up to $10,000 in fines and up to 15 years in prison.
- Sexual Battery by Multiple Perpetrators – If a victim’s rape allegations include multiple offenders, it may result in the criminal charge of sexual battery by multiple perpetrators. Florida Statute Section 794.023 explains that individuals accused of this offense pose a grant danger to the public, leading the State Legislature to reclassify offenses for acts of sexual battery committed by more than one person. If the prosecution can prove that more than one offender committed an act of sexual battery on a victim, it may result in the reclassification of penalties. For example:
- Second-degree felony is reclassified to a first-degree felony
- First-degree felony is reclassified to a life felony
Important: The subsection for reclassification does not apply to charges that are already considered life felonies or capital felonies.
Additional Consequences
The state of Florida has created additional mandatory penalties for individuals who have been convicted of specific sex crimes. Florida Statute Section 794.0115 explains that a person convicted of sexual battery, lewd or lascivious acts, indecent exposure, or luring or enticing a child can be considered a dangerous sexual offender. To receive the “dangerous sexual felony offender” designation, the offender must have been 18 years of age or older at the time of the offense and met any of the following conditions:
- Committed the crime while under the jurisdiction of a Florida court, or another state in which the offense would be considered a felony in Florida (i.e. felony probation).;
- Caused serious personal injury to the victim as a result of the offense;
- Used or threatened to use a weapon in the commission of the offense;
- Victimized more than one person in the course of the offense; or
- Has been previously convicted of a sexual offense.
The defendant in question would then receive a mandatory minimum sentence of 25 years imprisonment up to life in prison. Florida law states that if the offense took place on or after October 1st, 2014, the defendant would then be sentenced to a mandatory minimum imprisonment of 50 years up to and including Life imprisonment without the possibility of parole.
If the defendant receives a mandatory minimum sentence under this section, they are ineligible to receive statutory gain-time, or other forms of early release that do not include conditional medical release, pardon, or executive clemency.
Another additional consequence for a defendant convicted of a sexual battery charge lifetime registration under Florida’s Department of Law Enforcement (FDLE) Sex Offender Registry. According to their site, a sexual offender is considered as a person who has been convicted of one of the following sex crimes in Florida:
- Sexual Battery
- Human Trafficking
- Unlawful Activity with Certain Minors
- Lewd and Lascivious Offenses
- Video Voyeurism of a Minor
- Child Pornography
- Sexual Performance involving a child less than 18 years of age
Registering as a Florida Sex Offender is lifelong—meaning a person convicted of asex offense will be listed on the official public registry for life. The qualifying offenders will also be required to update their license or personal ID card within 48 hours of moving.
To review all the qualifying sexual offense charges and terms, find FDLE’s page here.
Sexual Battery Rules of Evidence
During a sexual battery case, admissible evidence in court can be limited. Under Florida Statute Section 794.022, the victim is not required to have their testimony corroborated during the prosecution.
It is important to note that the victim’s sexual history cannot be used against them in court. However, such evidence can be used if it can prove that the accused person was not responsible for the source of semen, diseases, injury, or pregnancy.
Instances of evidence that cannot be used in a sexual battery case include the manner of dress of the victim at the time of the offense, the offender’s use of preventative contraception, or the victim’s sexual history with other people.
However, if the victim’s consent is being used as a defense to the prosecution, it is admissible to use evidence of the victim’s mental capacity to determine whether or not the consent wasvoluntary.
Possible Defenses to Sexual Battery
Due to the nature of the offense, it may be difficult to imagine a scenario in which the accused person is in fact innocent. Sex crimes are awful and therefore should be taken very seriously. However, that does not mean every accusation is true. In fact, sex crimes account for a large number of false allegations.
A defense attorney can assist with both pretrial and trial defenses. The following are examples of defenses to use against a sexual battery charge:
- Consent – The victim agreed to the sexual act, was old enough to provide consent, and was both mentally and physically capable of providing consent.
- False Allegations – The alleged victim made false allegations as a response to motives such as revenge or shame.
- Wrong Identity – The victim accused the wrong person of the offense due to a variety of factors, including mistake.
To figure out which defenses work best with your case, we advise speaking with an attorney near you.
Finding a Defense Attorney in South Florida
Accusations of sexual battery are not taken lightly in the state of Florida. With the possibility of high fines, lengthy imprisonment, and life-long registration as a Sex Offender, a sexual battery conviction has life altering consequences. If you or a loved one has been accused of sexual battery or any other sex crime, prioritize seeking out an experienced defense attorney in your area.
At the Law Offices of Ian Goldstein, P.A., we pride ourselves on never backing down. Our team of South Florida Criminal Defense attorneys will make it our top priority to defend your freedom. Contact our experienced defense attorneys today and receive a risk-free consultation about your case. Contact us at (561) 600-0950 or leave a message on our site for a free consultation today.