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
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:
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.
Contact Orlando Criminal Defense Attorney
Please contact Sex Crimes Defense Attorney Richard Hornsby immediately if you or a loved one have been charged with sexual battery or rape.
I am available any time to advise you on the proper course of action to take. The initial consultation is free and I will respond promptly to provide you with the criminal defense you deserve.