Understanding the legal system can be difficult, which is why most people hire an attorney when they face criminal charges. Whether you’re the defendant or the victim, much of the language used in the legal system is confusing. Terminology can sound similar but be very different. If you’re the victim, you want to ensure the charges are accurate so you can get justice. If you’re the defendant, you’re probably worried about the consequences and severity of penalties you could be facing with a guilty verdict.
In many states, these are different crimes for sexual assault, battery, and rape, but not in Florida. According to Florida law, sexual battery is forceable sex, which is rape. When one person forces another person to engage in sexual intercourse against their will, it’s considered sexual battery.
Florida Statute, 794.011 states: Sexual battery means 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; however, sexual battery does not include an act done for a bona fide medical purpose.
In many states, sexual battery is a different crime from rape, but in Florida, it’s the same crime. Sexual battery also applies to cases where the victim is not able to give consent to sexual interaction. So, sexual intercourse with a passed-out or mentally incapacitated person would also be sexual battery. When someone is charged with sexual battery in Florida, it’s typically because the case met the criteria because of a sex crime in the state. Some sex crimes in Florida can be charged using different criteria if they’re considered sex crimes against a vulnerable person.
For example, a sex crime would be enhanced to aggravated sexual battery if:
- The victim suffered from physically or mentally limitation or incapacity
- The victim was threatened or harmed in the crime
- Force or a weapon was used in the crime
- The injured party is a minor
Florida only has one category of sexual crime, and that’s sexual battery. Rape and date rape charges don’t exist as separate criminal charges in Florida. Rape and every other type of sexual assault are combined under Florida Statute 794.011 except for Florida Statute 794.05, which provides clarification of sexual battery related to minors. In Unlawful Sexual Activity with Certain Minors, Florida Statute 794.05, clarifies it’s a crime for any person 24 years or older to engage in sexual activity with a minor, age 16 or younger, regardless of consent. The statutory rape clarification defines sexual battery exactly as it’s described in Florida Statute 794.011, and it adds age restrictions and validates the law prescribing minors inability to consent to sexual interaction. Consequences for sexual battery as statutory rape include a penalty of up to 15 years in prison. It’s a second-degree felony charge.
Sexual Crimes in Florida Require a Strong Defense Team
The State of Florida is working hard to prosecute sex crimes and ensure the safety of its citizens. Aggressively pursuing crime can lead to broad charges and cases that may not stand up in court. If you have been charged with a sexual offense in Florida, you will need a serious legal defense team. It's imperative to start formulating your defense strategy today. The lawyers at Mitchell & West LLC have more than 100 years of combined experience. Our team can work to help you develop a strategy to fight your sexual assault charges. Call us today at (305) 783-3301 to schedule a consultation or to request more information.