Sexual Battery

Sexual Battery Defense Attorney in Jacksonville, FL

Sexual Battery is the legal charge which is often referred to simply as “rape,” or “Sexual Assault.” Some states have separate charges, but in Florida these terms are interchangeable. Sexual Battery in Florida is a very serious charge with very serious ramifications. If you or someone you know has been accused of or formally charged with Sexual Battery, it is crucially important to an experienced sexual battery defense attorney as soon as possible. A qualified criminal defense attorney who specializes in sexual battery cases can lay out a litigation plan to reach the best possible outcome.

What is Sexual Battery?

Sexual Battery is defined in Florida Statutes § 794.011(1)(h).  Sexual Battery is “oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object.” The definition of Sexual Battery noticeably does not include anything regarding consent, that is due to the fact that many victims cannot legally consent, and even if they verbally do so, a charge for Sexual Battery can be sustained.

The charge of Sexual Battery in Florida can carry a wide array of penalties based on the factors of the individual case.

• Life Penalty – up to life in prison
  • If the perpetrator is an adult (18 or older) and the alleged victim is under the age of 12. Consent is not at issue due to age.[i]
  • If the perpetrator is under the age of 18, the alleged victim is under the age of 12, and the allegations include injury of sexual organs. Consent is not at issue due to age.
  • If the alleged victim is between the ages of 12 and 18, does not consent, and the perpetrator “uses or threatens to use a deadly weapon or uses actual physical force likely to cause serious personal injury.”
• First Degree Felony – 30 years in prison, 30 years of probation, and a $10,000 fine. No use of force and a victim over the age of 12.
  • Helpless victim
  • Threats of force in order to coerce, with a reasonable belief force could be used
  • Threats of retaliation, with a reasonable belief retaliation was possible
  • The offender is aware of (or responsible for) the drugging of the victim
  • The offender had reason to believe or possessed actual knowledge that the victim is mentally defective
  • A victim who is physically incapacitated or handicapped
  • The offender is a law enforcement officer, correctional officer, correctional probation officer, or a similar position, and is in a position of control over the victim due to a supervision status or a similar relationship
  • Victim is 12 to 18 years old and the perpetrator is a person of authority over the alleged victim. Consent is not at issue due to age.
• Second Degree Felony – 15 years in prison, 15 years of probation and a $10,000 fine.
  • Without the consent of the victim who is over the age of 12, without force or violence

[i] This set of facts is technically a capital felony under the statute, rather than a life felony as stated here. Due to case law, it is treated as a life felony and is labelled as such in this page. The death penalty is not available for rape under Coker v. Georgia, 433 U.S. 584 (1977) (sentencing the death penalty for the rape of an adult was unconstitutional), and Kennedy v. Louisiana, 554 U.S. 407 (2008) (expanding the Coker rule to rape of a child). The Florida Supreme Court weighed in on whether it considered the Coker ban to apply to this statute in Buford v. State and concluded that the death penalty was unconstitutional for rape. 403 So. 2d 943 (Fla. 1981). The statute has never been repealed though, so those reading the statute may be confused by the difference between capital and life felonies in sexual battery cases, but functionally they are essentially identical.

Defenses to Sexual Battery

One commonly used defense to sexual battery and rape charges in movies and television is evidence related to the sexual history of the victim. In Florida this type of evidence is inadmissible and cannot generally be utilized by the defense. This is due to the “rape shield” law. There are specific instances where this evidence can be included for other purposes, but it’s best to speak to a qualified criminal defense attorney who can navigate those issues without triggering a mistrial.

There are defenses available though:

• Consent – As stated above, many of the theories sexual battery can be charged require that the alleged victim did not or could not consent. Rebutting that there was consent present can sometimes prevent the state from proving their case.
• Mistake of Fact – Sometimes the police just get it wrong in their investigation, cases of mistaken identity result in improper arrests all the time.
• Constitutional Challenge – Often the police may seek DNA or other types of physical evidence in cases of Sexual Battery. If this evidence has not been property obtained, a proper challenge could potentially exclude the evidence and stop the case dead in its tracks.

Specific defenses available are going to be very case specific. It is important to speak to a Jacksonville criminal defense attorney early who is on your side and has the decades of experience required to handle a case like this.

Criminal Defense Attorney Near Me

Lee Lockett and legal team at Lockett Law are based out of Duval County, but travel all over North Florida to defend the rights of others. The team is prepared to defend your rights of those accused of sexual battery in or out of Jacksonville. Mr. Lockett understands how prosecutors work and how they think, he began his career as an assistant state attorney, prosecuting cases just like these. He learned how these cases work and he moved that skillset and knowledge base to defending the rights of the accused and ensuring justice is served. Call a Jacksonville assault lawyer today at (904) 858-9818 or connect with our team in the chat window on the bottom right of your screen to have an open and free consultation.