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Sexual Battery in Florida is defined as the oral, anal, or vaginal penetration by, or union with, the sexual organ of another. The anal or vaginal penetration of another by any other object also constitutes Sexual Battery in Florida.
 
In almost all circumstances, consent is not a defense to sexual activity with a minor.

Penalties for a Sexual Battery Charge

In Floria, Sexual Battery penalties are classified depending on various factors including the age of the offender, the age of the victim, the relationship between the two, whether a weapon or threat is used, and whether the victim was physically or mentally defective.

If a person over the age of 18 commits Sexual Battery on a person younger than 12, Florida classifies the crime as a capitol felony.

If a person under the age of 18 commits Sexual Battery on a person younger than 12 or if the victim is over the age of 12 but a deadly weapon is used or threatened, or physical force likely to cause serious injury is used during the commission of the crime, Florida classifies the crime as a life felony.

Florida classifies Sexual Battery as a first degree felony if the victim is older than 12 and either:
  1. Physically helpless to resist;
  2. Coerced by the threat of physical force;
  3. Coerced by a threat of retaliation;
  4. Administered any drug or intoxicating substance that renders the victim physically or mentally incapacitated;
  5. Mentally or physically defective; or
  6. The person committing the Sexual Battery is a law enforcement officer or any other person in a position of control or authority
A Florida first degree felony is punishable by up to:
  1. Thirty years in state prison;
  2. Thirty years of supervised probation;
  3. A $10,000 fine
If the victim is 12 or older and no physical force or violence is used during the Sexual Battery, Florida classifies the Sexual Battery as a second degree felony punishable by up to:
  1. Fifteen years in state prison;
  2. Fifteen years of supervised probation;
  3. A $10,000 fine
Further, if you are convicted of Sexual Battery and sent to prison or other correctional institution, you will not be eligible for gain-time.

Additionally, a conviction for Sexual Battery in Florida will result in you being required to register as a Sex Offender or Sexual Predator.

Defenses to a Sexual Battery Charge

In addition to factual defenses that would be raised at trial to show reasonable doubt as to the crime alleged, some common defenses to a Sexual Battery charge in Florida include:

Insufficient evidence
Attacking the State’s case and raising reasonable doubt as to whether the crime occurred is a common defense for Sexual Battery charges in Florida. A lack of evidence tends to raise reasonable doubt. Issues such as a lack of physical and/or documentary evidence can be used against the State has tending to show that no Sexual Battery ever occurred.
 
Further, if the detectives and police do not conduct a thorough investigation, evidence critical to proving the crime may not exist or may be contaminated.

Bona fide medical purpose
The Florida Sexual Battery law specifically creates an exception to acts done for a bona fide medical purpose. Although rarely used, this would be a complete defense to a Sexual Battery charge in Florida. Often times, such a defense might be used when defending medical staff who are accused of engaging in improper conduct with a patient. However, this defense is highly specific and details will be very important.

Contact Orlando Criminal Defense Attorney Chris Kaigle if you’ve been charged with Sexual Battery in Florida!
(407) 545-6416