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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.

Defining “Sexual Battery” as a Criminal Offense

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.

Aggravating Circumstances for Sexual Battery Charges

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:

  • The perpetrator threatened to physically harm the targeted person or their family members or loved ones in order to compel sexual intercourse
  • The perpetrator used physical force or violence in order to compel sexual intercourse, and in doing so either did cause or could have caused serious bodily injury to the targeted person
  • The targeted person was physically or mentally incapacitated during the alleged assault
  • The perpetrator had—or the targeted person reasonably believed they had—a position of authority over the targeted person

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.

Speak with a Boca Raton Sexual Battery Attorney About Your Defense

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.

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00:07 08 Sep 22
In one of the most stressful times in my life, Rossen Law Firm was there for me. Leaving no stone unturned they provided patience and knowledge in every detail of my case. I’m very thankful and proud of this law firm family and especially of my lawyer, Scott Simmons for guiding, defending and helping me in every way possible. He and this law firm family come highly recommended from personal experience!!!
Jason HigleyJason Higley
15:24 26 Aug 22
I had an unfortunate situation with a family member that lead to my arrest and being charged with DV Battery. This was the first time I had ever been arrested so I was very nervous and afraid of what was going to happen to me. After talking with Adam I decided to retain him and let me tell you this was the BEST decision I could have ever made. Adam made me feel so comfortable and confident that everything will turn out the best in my favor. He is professional, ethical and supportive. He was always available too answer any questions or concerns.Not to mention, his team at the office is awesome they are so friendly and welcoming. Anytime I had a question when I called the office they were able to guide me in the rightdirection. They always were in contact with me with any information or updates regarding my case. Adams team is GREAT!Adam delivered, my case was DISMISSED. So if you want an attorney the is gonna fight for you and get the job done retain the BEST there is Adam Rossen!!!
Felix I HFelix I H
13:27 28 Jul 22
Adam Rossen and the team at Rossen Law took great care in handling my case. They are very professional, and get the job done. I was particular relieved to see just how much empathy they showed with me, and how effortless it was to be their client.I literally visited them twice. My initial consultation, and then to pickup the final docs. I have nothing but great things to say about these folks, and I would highly recommend them to anyone. Thanks Guys.
Terry ChristopherTerry Christopher
12:32 09 May 22
I had an amazing experience with The Rossen Law Firm. The staff were very professional. Attorney Susan Lawson went above and beyond working on my case. We were thoroughly prepared for trial. Mrs. Lawson reviewed hours of body and dash camera footage multiple times and aggressively performed depositions on witnesses and law enforcement.The final outcome for me was the state dropped my case, due to the great work Susan and the Rossen team performed. I didn’t even need to go to trial.This law firm does not play around. They pay attention to detail and they FIGHT FOR YOU!Thank you Adam, team, and a special thank you to Susan for your amazing work! I really appreciate you.
Ketiana ProvinceKetiana Province
20:27 23 Mar 22
My experience with Rossen Law Firm was excellent. From the consultation to the end.. My attorney Susan Lawson gave my son's case all the time and attention that was needed to be successful in court. She was confident during all the court proceedings. My favorite part was when she said we are family, never once my son and I were treated other then that. I very much appreciate the knowledge and support I received through Rossen Law Firm.
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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.

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