Florida Sexual Battery Laws

Sexual Battery in Florida refers to sex crimes not typically covered by rape statutes, such as unlawful sexual contact. Sexual battery is often characterized as sexual touching or penetration without consent of the person. The mere touching of another person for the purpose of sexual gratification qualifies as sexual battery. Penetration does not have to occur, unlike a rape charge.

In Florida, sexual battery is defined as:

• A person 18 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 old,
• 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 old
• A person who commits sexual battery upon a person 12 years old or older, without that person's consent, and in the process uses or threatens to use a deadly weapon or uses actual physical force likely to cause serious personal injury.
  
  
• First degree factors: victim is helpless to resist, threat of violence reasonably believed, mental incapacitation w/o consent, victim is mentally defective or physically incapacitated, or offender is officer of law
• Second degree factors: victim is over 12 and force unlikely to cause serious injury; 1st degree felony for multiple perpetrators

Penalties for Sexual Battery in Florida 

The penalties for sexual battery in Florida depend on the charges issued and the circumstances surrounding the crime.

• 1st example: Punishable by death
• 2nd: Life imprisonment
• 3rd: life imprisonment
  
  
• 1st Degree: 30 years in prison
• 2nd Degree: 15 years in prison

Defense of a Sexual Battery in Florida 

The list of defenses for Sexual battery in Florida here is not exclusive, but are the most common defenses used, which include:

• Consent (Sexual battery of a minor cannot use consent defense, nor can consent be used if the victim lacked the capacity to do)
• Insufficient evidence of incident (lack of physical evidence, lack of eyewitnesses)
• Improper police procedure (illegal questioning, sloppy evidence handling)
• False allegations/credibility issues (“he said, she said”, jilted/angry partner)

Attempted Sexual Battery in Florida  

Attempted sexual battery occurs when the prosecution can prove that there was an intent by the defendant to place the victim in immediate threat and danger of sexual battery. If the prosecution can show a specific intent to commit a sexual battery, you can be found guilty. Common examples of this would be locking a victim in the bedroom for the purpose of sexual activity or drugging a victim with the intent of sexual contact.

When to Talk to a Lawyer 

If you are charged with a sexual battery, it is critical to speak with a lawyer immediately. Getting a lawyer on your case immediately will assure that your rights are protected, that any evidence that can help you is preserved and the police and prosecution follow proper protocol. Sexual battery charges are serious crimes that have life altering consequences, and you should have an experienced criminal defense lawyer who can help your defense.