Sexual battery—which is the term Florida state law uses to refer to “rape”—is among the most severely prosecuted and punished criminal offenses codified under the Florida Statutes. In fact, as of 2023, Florida state legislature has made sexual battery against a child 12 years old or younger into a capital felony that can potentially be punishable by the death penalty, setting the Sunshine State apart from virtually all others in how harshly it treats this particular offense.
Needless to say, being accused of sexual battery under any circumstances is a very serious matter that you should not try to handle without first seeking help from the best defense attorney possible. With an expert Boca Raton sexual battery lawyer from Rossen Law Firm representing you during a case like this, you will stand a much better chance of securing a favorable final resolution than you would ever have on your own or with a public defender.
Under Florida Statutes §794.011, “sexual battery” entails someone penetrating another person’s mouth, anus, or female-presenting genitalia with their own sexual organ or with any object without the targeted person’s consent, except if there is a bona fide medical purpose for the act in question. In this context, “consent” must be “intelligent, knowing, and voluntary.” Someone not physically resisting sexual intercourse does not count as consent for the purposes of a sexual battery charge.
Someone over 18 years old who commits sexual battery against another person over 18 years old may be prosecuted for a second-degree felony offense carrying maximum penalties upon conviction of 15 years imprisonment and a $10,000 fine. As an experienced Boca Raton sexual battery attorney can explain, Florida law does not distinguish penetrative sexual battery as defined above from other forms of non-consensual sexual contact except in situations where the targeted person is a minor, and the perpetrator is at least 24 years old. In these cases, “indecent, lewd, or lascivious touching” may be prosecuted as a third-degree felony under Fla. Stat. §794.051.
Sexual battery committed by an adult against another adult may be prosecuted as aggravated sexual battery, a first-degree felony punishable by a 30-year maximum prison term plus a $10,000 fine if any of the following conditions apply:
As an expert defense lawyer can affirm, sexual battery in Boca Raton of a minor between 12 and 18 years old by a person over 18 is also a first-degree felony. Additionally, sexual battery of a minor under 12 can be prosecuted as a life felony or, if the perpetrator’s actions result in injury to the targeted minor’s sexual organs, a capital felony.
Any type of sexual battery charge in Florida is an extremely serious felony that could have life-changing repercussions if it ends with a conviction. Even if you end up acquitted or have your charges dropped, managing the effects that the allegation alone may have on your personal and professional life can be difficult without professional legal guidance.
Fortunately, you have help available from the top Boca Raton sexual battery lawyers at Rossen Law Firm. We have successfully handled countless cases just like yours across the state, and we are here to help you through this time. Call today to schedule your private strategy session.
Rossen Law Firm’s legal team understands what’s at stake when you’re charged with a crime in South Florida. We’re committed to defending you and protecting your rights. Our legal team is ready to create a customized strategy for your case to fight for the best possible outcome. We handle Criminal, DUI, Federal, Domestic Violence, Marchman Act & Baker Act cases, and more.
Rossen Law Firm