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Sexual Battery and Rape in Florida

Sexual Battery is one of the most difficult charges to resolve because, in addition to being one of the most aggressively prosecuted crimes in Florida and carrying the most severe penalties of all sexual offenses, most Sexual Battery cases boil down to one person's word against another's.

If accused of Sexual Battery, you want to know the:

• Definition of Sexual Battery
• Penalties for Sexual Battery
• Defenses to Sexual Battery

Definition of Sexual Battery

In general, Florida Statute 794.011 defines Sexual Battery and rape as:

• Unconsensual oral, anal, or vaginal physical penetration or union with the sexual organ of a person,
• OR
• Unconsensual oral, anal, or vaginal penetration of another person with any object.

Penalties for Sexual Battery

A person convicted of sexual battery or rape would be facing a maximum sentence of life in prison, depending on what disabilities the victim had, and a minimum sentence of nine (9) years in prison.

Civil Consequences

Additionally, if a person is convicted of Sexual Battery, they would be declared a sexual offender and would be forced to comply with sexual offender registration laws throughout Florida and the United States.

Defenses to Sexual Battery

Shockingly, there are two basic defenses to an accusation of sexual battery and rape:

1. Consent
2. False Allegation

Consent

Consent is a defense to an accusation of sexual battery and rape, but only if the consent was found to be intelligently, knowing, and voluntarily made.

Additionally, the failure of the accuser to offer physical resistance will not be deemed consent. Rather it will be something a jury can consider when determining whether the sexual interaction was consensual or coerced submission.

Coerced Submission

On the other hand, sexual battery and rape will be deemed coerced submission if force, threats, or intimidation were used to compel the sexual interaction.

This is an important distinction, because if an accuser alleges they feared for their life, physical safety, or the life and safety of a loved one, they can assert that they had no other alternative than to submit to a sexual act - thus they did not consent under the law.

False Allegation

Unfortunately, false allegations of sexual battery and rape are increasingly common in Florida and one of the primary reasons people find themselves accused of sexual battery and rape.

Typical reasons for false allegations include:

• Fear of being caught in an affair,
• Jealousy,
• Manipulation of children by an angry parent,
• Mentally illness of the accuser,
• Mentally ill parents influencing a child

As a result, it is critically important to investigate the accuser and expose any motive for making a false accusation of sexual battery or rape.

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The material on this page represents general legal advice. Since the law is continually changing, some of the provisions contained here may be out of date. It is always best to consult a criminal defense attorney about your legal rights and responsibilities regarding your particular case.

The hiring of a Florida criminal lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice or the formation of a criminal defense lawyer / client relationship.

Contact Criminal Defense Lawyer Charley Demosthenous

If you have been arrested or charged with a crime, please contact Tampa Criminal Defense Attorney Charley Demosthenous today. The sooner you contact me, the sooner I can establish a defense on your behalf.

The initial consultation is free of charge and I will inform you of possible defense strategies and/or remedies. I am available 24 hours a day, 7 days a week. (813) 857-8237

Serving all of the Tampa Bay Area and Throughout Florida.

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William S. Foley, P.A.
Divorce and Family Law

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