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Jacksonville Sexual Battery Lawyer

How Sexual Battery Is Defined Under Florida Statute § 794.011

Sexual battery – also referred to as rape, sexual assault, or sexual abuse – is a very serious criminal offense in Florida. According to Florida Statute § 794.011, sexual battery is defined as “oral, anal, or female genital penetration by, or union with, the sexual organ of another or the anal or female genital penetration of another by any other object” without a bona fide medical purpose. This comprehensive statute aims to protect individuals by covering a wide range of non-consensual acts and emphasizing the importance of consent in all interactions, underlining the severity of charges brought under this statute.

If you are facing sexual battery charges, it's important to contact a qualified sexual assault attorney as soon as possible. At First Coast Criminal Defense, we defend clients against sexual battery and assault charges in Jacksonville and all surrounding areas. Our sexual assault defense lawyers can help you navigate the legal process and build a strong defense to protect your rights and freedom. Our approach includes thorough investigation processes, evidence gathering, and leveraging applicable defenses to provide the most effective representation possible.

Below are the key elements and defenses that may apply to sexual battery cases in Florida:

  • Consent is a central issue: Prosecutors must prove beyond a reasonable doubt that the alleged act occurred without consent; the existence of consent is a common defense in sexual battery cases.
  • Defendant's age and victim's age matter: Penalties and charges are based in part on the ages of those involved and the presence of any aggravating circumstances as defined by Florida law.
  • Forensic and physical evidence is crucial: Evidence such as DNA, injury documentation, and witness statements can play a significant role in building a defense.
  • Mistaken identity can be challenged: If the accused was misidentified, your legal team may pursue avenues to establish your presence elsewhere or challenge the reliability of witness statements.

Contact our firm today at (904) 474-3115 or send us a message online for a free consultation. We are available 24/7 to discuss your case.

Types of Sexual Battery Charges in Florida

Capital Felony

Sexual Battery by a Perpetrator Over 18 on a Victim Under 12

  • Description: Involves an adult committing sexual battery on a child under 12 years old.
  • Penalties: Life imprisonment without parole or the death penalty.

Life Felony

Sexual Battery on a Victim Under 12 by a Person Under 18

  • Description: This involves a person under the age of 18 committing sexual battery on a victim who is under 12 years old.
  • Penalties: This crime is punishable by life in prison without the possibility of parole.

Sexual Battery with Certain Aggravating Circumstances

  • Description: Certain circumstances can elevate the charge of sexual battery to a life felony. These aggravating factors may include:
    • Use or threat of a deadly weapon.
    • Causing serious bodily injury to the victim.
    • Committing the offense during the commission of other serious felonies, such as kidnapping.
  • Penalties: This can result in a life sentence in prison without the possibility of parole.

First-Degree Felony

Sexual Battery Using Physical Force Likely to Cause Serious Injury

  • Description: Involves committing sexual battery on a victim aged 12 or older using physical force or violence likely to cause serious personal injury.
  • Penalties: Up to life imprisonment.

Sexual Battery by Multiple Perpetrators

  • Description: Involves multiple individuals committing sexual battery on a single victim.
  • Penalties: Up to life imprisonment.

Sexual Battery with Threats of Retaliation

  • Description: Involves committing sexual battery and threatening the victim or another person with retaliation or future harm if the victim reports the incident or testifies.
  • Penalties: Up to life imprisonment.

Sexual Battery by a Person in a Position of Authority

  • Description: Involves an individual in a position of authority over a minor (such as a teacher, coach, or clergy member) committing sexual battery on a minor.
  • Penalties: Up to life imprisonment.

Second-Degree Felony

Sexual Battery Using Force Not Likely to Cause Serious Injury

  • Description: Involves committing sexual battery on a victim aged 12 or older without the use of a deadly weapon and without causing serious injury.
  • Penalties: Up to 15 years in prison.

Sexual Battery on a Physically Helpless or Mentally Incapacitated Victim

  • Description: Involves committing sexual battery on a person who is physically helpless to resist or is mentally incapacitated.
  • Penalties: Up to 15 years in prison.
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