In this article, you will learn:
• How Florida defines and charges sexual battery
Sexual battery is traditionally defined as an individual having un-consensual sexual contact with another person with either his or her sexual organs or an object. There are certain circumstances that can make this crime aggravated, which can increase the possible penalty of the crime. Examples of aggravated sexual battery would include when the alleged victim is physically helpless at the time the sexual battery is alleged to have occurred and is unable to resist, or if the alleged victim has been taken advantage of by the accused because of a mental problem of the alleged victim known to the accused at the time of the offense. If the alleged victim is physically incapacitated, if they are unknowingly drugged, if the alleged victim is threatened by threats of force or violence against them, or threats of retaliation against them or another individual could also aggravate the crime.
Aggravating circumstances may also arise when the accused is a law enforcement officer, a government agent, or a person that is in a position of control or authority over the alleged victim. You also must take into account the age of the accused and the age of the alleged victim, because depending on the ages of each individual at the time the offense is alleged to have occurred, that can also enhance the penalty for the charges. So we have to 1) look at what are the allegations, 2) what is alleged to have occurred, 3) what are the ages of the respective parties at the time the incident is alleged to have occurred, and 4) what is the relationship of the parties at the time the incident is alleged to have occurred.
Potential Penalties And The Sentencing Range For A Charge Of Sexual Battery
There is a wide range of penalties for sexual battery in the state of Florida because it is specific to the individuals involved in the allegations and the nature of the relationship of those individuals to one another. The most severe penalty in our state would be if sexual battery was committed by a person who is 18 years of age or older at the time of the offense committing a sexual battery against an individual that is less than 12 years of age at the time of the offense. That could be charged as a capital felony if, during that sexual battery, the sexual organ of the alleged victim was injured. Even though it can be charged as a capital felony, capital meaning punishable by death, Florida does not utilize the death penalty for this capital crime. So, the maximum mandatory penalty would be life imprisonment without the possibility of parole.
If the accused is 18 years of age or older at the time of the offense and commits a sexual battery upon another, and the alleged victim is less than 12 years of age at the time of the offense, that would be what we call a life felony in the state punishable by up to life imprisonment without the possibility of parole. Even if the alleged victim is 12 years of age or older, if the accused — if it is alleged that the accused threatens to use a deadly weapon or uses actual physical force in commission of the sexual battery, that can also be charged as a life felony punishable by up to life imprisonment. As you go down the varying degrees of sexual battery, you will notice that as the age of the alleged victim increases, then normally, the penalties are reduced from the more serious first-degree felony charges to second-degree felony.
Typically, second degree felonies in our state, including sexual battery, are punishable by up to 15 years imprisonment and/or a $10,000 fine. But again, you must look at the age of the accused, the age of the alleged victim at the time of the offense, and additionally, you have to look at what is the relationship of the two. It’s relatively common with these types of charges that the accused is in a position of familiar or custodial authority over the alleged victim at the time of the offense, which can serve to enhance the penalty for and severity of the offense.
For more information on Sexual Battery Charges In Florida, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (407) 794-2007 today.
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