Sunrise Sexual Battery Lawyer

Sexual battery—the term used by the Florida Statutes for what is colloquially known as “rape”—is a severe offense. Even a first-time offender convicted of sexual battery might face years behind bars. Sexual battery with certain aggravating conditions is one of the few offenses that can be punished as a capital felony in the Sunshine State.

Anyone facing rape accusations should make contacting an expert sex crimes defense attorney their absolute top priority. Our tenacious Sunrise sexual battery lawyers work tirelessly to protect your rights and your future, leaving no stone unturned in building your defense.

How State Law Defines “Sexual Battery”

Subsection (1)(j) of Florida Statutes § 794.011 defines “sexual battery” as the non-consensual penetration of someone’s mouth, anus, or vagina. Other forms of non-consensual sexual contact without penetration may be prosecuted as criminal offenses under different sections of the Florida Statutes, but they are not considered “sexual battery.”

Sexual battery without threatening physical force is a second-degree felony, which means a conviction could lead to maximum sanctions of 15 years in prison, a $10,000 fine, and mandatory registration as a sex offender. Someone under 18 who commits sexual battery on a person between 12 and 18 years may also be prosecuted for a second-degree felony, as a Sunrise attorney can further explain during a confidential consultation.

Aggravating Conditions for Sexual Battery Offenses

In cases of sexual battery, the severity of the charges depends on the age and circumstances of both parties. If an individual over 18 commits sexual battery against another adult, or if someone under 18 commits sexual battery against a person between 12 and 18 years old, they may be charged with a first-degree felony (punishable by a 30-year minimum prison term and $10,000 maximum fine) if any of the following conditions are met:

• The targeted person was physically incapacitated, mentally defective in a way the perpetrator knew about, or otherwise physically helpless to resist.
• The perpetrator caused the targeted person to become physically incapacitated by administering intoxicating drugs or substances without their knowledge or consent.
• The perpetrator threatened violence or retaliation against the targeted person or a third party to compel sexual intercourse, and the targeted person reasonably believed the perpetrator could make good on that threat.
• The perpetrator is a law enforcement officer, correctional officer, or anyone else in an equivalent position of authority and acted so that the targeted person reasonably believed the perpetrator had a position of authority over them.

Additionally, the sexual battery of a person between 12 and 18 by a person over 18 can be prosecuted as a life felony, and the sexual battery of a person under 12 by a person over 18 can be treated as a capital felony under current Florida law. Representation from a top Sunrise sexual battery attorney is crucial to effectively contesting any of these charges.

Discuss Your Options with a Sunrise Sexual Battery Attorney

The state of Florida prosecutes sexual battery harshly. If you are facing an allegation of this nature, the quality of legal counsel you have on your side could make a difference in how your legal proceedings go for you in the short term and in what the rest of your life looks like in the long term.

An expert Sunrise sexual battery lawyer at Rossen Law Firm, can discuss your options in detail during a private initial meeting. Call today to schedule yours.