Florida law severely penalizes anyone convicted of committing a sexual battery. The criminal conduct considered to be “sexual battery” includes a wide range of nonconsensual sexual contact with another person. The punishment for the crime is determined by the circumstances of the individual case, including the ages of the victim and the offender and their relationship.
Depending on those factors in each case, possible penalties range from five years in prison to life behind bars.
This article explains what Sexual Battery is in Florida, what the prosecution needs to prove to win a conviction, and what legal defenses a skilled criminal defense lawyer can use to protect a defendant from an avoidable and unjust conviction.
In Hillsborough County and Pinellas County, The Stechschulte Nell Law Office has extensive experience successfully defending clients charged with serious crimes, including sexual battery charges of all types. If you or someone close to you needs skilled criminal defense involving a sexual battery charge, contact Stechschulte Nell, Attorneys at Law today.
What Is Sexual Battery in Florida and What Are the Penalties?
The crime of sexual battery in Florida is defined as the oral, anal, or vaginal penetration by or union with the sexual organ of another or the anal or vaginal penetration by any other object without their consent. But the statute also defines all such activity involving a person under 12 years of age as a felony because they are legally incapable of consent.
The offenses that are included in the category of “sexual battery” include the following criminal conduct and carry the penalties indicated below:
A person 18 or older who commits or attempts sexual battery without consent on a person aged from 12 to 17 and injures the victim’s sexual organs, or who uses or threatens with a deadly weapon or uses actual force likely to cause serious personal injury, penalty – life in prison (capital felony – formerly death penalty)
A person under 18 who commits or attempts sexual battery on a person under 12 and injures the victim’s sexual organs, penalty – up to life in prison or up to 40 years in prison
A person 18 or older who commits sexual battery on a person 12 or older without consent and
- uses or threatens with a deadly weapon or
- actually uses force that is likely to cause serious personal injury,
- penalty if victim 12 or older – up to life in prison or up to 40 years in prison
- penalty if offender and victim both 18 or older – up to 30 years in prison
- penalty if offender was previously convicted of certain crimes – up to life imprisonment,
- Victim of sexual battery without consent is 12 or older and any of the following are also present:
- victim is physically helpless,
- offender obtains victim’s submission by force or threat of force and victim
- offender threatens future retaliation if victim fails to submit
- offender or third party administers substance to victim to victim without consent rendering them physically or mentally incapacitated
- offender knows and victim is mental defective
- victim physically incapacitated,
- offender is law enforcement, corrections, or person in capacity of probation or custodial authority,
- penalty – up to life in prison
Less than Life in Prison Sexual Battery Felonies
Person 18 or older sexually batters person 12 but not yet 18 without consent and does not use force likely to cause serious personal injury. Penalty – up to 30 years in prison (1st-degree felony)
Person 18 or older sexually batters person 18 or older without consent and does not use force likely to cause serious personal injury. Penalty – up to 15 years in prison (2nd-degree felony)
Person under 18 who sexually batters a person 12 but not 18 without consent and does not use force is likely to cause serious personal injury. Penalty – up to 15 years in prison (2nd-degree felony)
There are many more specific circumstances and fact patterns described in the statute that make crystal clear Florida considers any sexual battery or sexual activity conducted without a person’s consent or involving a person under 12 years of age to be among the most serious crimes possible.
Mandatory Sentences for Dangerous Sexual Felony Offenders
The list of circumstances that constitute grounds for a convicted offender to be deemed a “dangerous sexual offender” is long and encompasses many possible defendants.
A person can be deemed a dangerous sexual offender if the prosecution can prove that the defendant was previously convicted of certain sexual battery offenses or their current conviction involves aggravating factors detailed in the statute.
The penalty for a person whose crimes qualify them for designation as a Dangerous Sexual Offender after 2014 is a mandatory minimum 50-year prison sentence and up to life in prison
Lewd & Lascivious Touching of Certain Minors
The law also covers what was commonly referred to as statutory rape, but now is “indecent, lewd, and lascivious touching of certain minors.” This section makes any sexual activity or lewd touching between a person 24 years old or older with a person 16 or 17 years old a third-degree felony carrying up to five years in prison.
Read More > What to Do If You are Falsely Accused of a Sex Crime in Florida
Defending Sexual Battery Charges in Florida
Only skilled, experienced criminal defense lawyers can be trusted with the legal defense of a person charged with sexual battery in Florida. The best way to ensure that your criminal defense lawyer possesses exceptional talent and experience is to determine if they are a Board-Certified Criminal Defense Lawyer. In Florida, less than 2% of all practicing attorneys have earned that valuable credential.
Prosecutors must prove beyond a reasonable doubt that every necessary element of the crime was committed by the defendant before they can claim a conviction. Skilled sexual battery defense lawyers know that the following defenses can defeat a sexual battery prosecution:
- The sexual activity was consensual
- There was no sexual penetration
- Misidentification – the defendant is not the person involved in the alleged incident
- Complaining witness is falsely claiming sexual battery (motive to lie)
- Evidence was obtained through illegal means in violation of the defendant’s rights
If you have been accused of a sex crime in Florida, lean on our experienced lawyers at Stechschulte Nell, Attorneys at Law. We will fight for your rights and can help mitigate the charges you are facing. Call 813-280-1244 today for a case review.
