Sex Crime Defense Attorneys: Orlando and Central Florida

Fighting for Your Rights and Freedom in Florida State and Federal Courts

Sexual battery allegations can lead to a serious sex crime charge. In fact, it is considered a federal offense. All sexual battery convictions call for a prison sentence under the sentencing guidelines. The minimum sentence is nine years in prison but you can also be sentenced to life. An adult over 18 years of age convicted for sexual battery upon a child under 12 calls for a mandatory life sentence without parole. This is considered a capitol felony. If you were under 18 years old at the time and the victim was under 12 years old, you face a life felony, which can lead to a sentence of life in prison and carries a minimum prison sentence of 40 years.

Also, if convicted, you will be declared a sexual offender and will have to register as a sexual offender in Florida and throughout the country.

If you are charged with sexual battery, you want the best possible legal representation. You need to understand the current state of the laws and the possible outcomes in your case. It is important to receive an experienced, honest evaluation of your case. You want a Florida criminal lawyer who can provide you with a skilled, aggressive defense against sexual battery charges.

What Is a Sexual Battery?

Florida Statute 794.011 defines “sexual battery” as 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.

Sexual battery is also commonly called rape or sexual assault. What sexual battery basically means is the type of sexual touching described above upon a person without her consent or upon a child under 12 years of age regardless of the child’s “consent.”

Defense Strategies for Sexual Battery Charges in Florida

There are two main defenses for an accusation of sexual battery in Florida, consent and false allegation.

In order to prove consent, you must show that the consent was made intelligently, knowingly, and voluntarily. If the accuser did not offer physical resistance, this is not considered consent. However, the jury can consider that fact when determining whether the interaction was consensual or coerced.

It is considered coerced submission when the accused uses force, threats, or intimidation to compel the sexual interaction. That means that if the accuser states that they feared for their physical safety, life, or the life and safety of another, they can allege that they did not consent under the law since they felt they had no other option but to submit to the sexual act.

False Allegation

There are many reasons why false allegations of sexual battery and rape occur, such as fear of being caught for having an affair, jealousy, manipulation of children by an upset parent, mental illness of the accuser, and a mentally ill parent influencing a child. A good Florida criminal lawyer will investigate the accuser in order to look for any motives for making a false allegation of rape or sexual battery. This information can be presented in court to help you beat the charges.

Registration as a Sexual Offender

If you are convicted of battery, you will be required to register as a sex offender in Florida, even if the conviction happened out of state. As a result, you must comply with any required restrictions, such as staying a certain distance from public areas where children are present. There may also be restrictions on the types of jobs you can have.

For most situations, you will be required to inform your neighbors and employers that you are a sex offender, which can make it very hard to get a job. Additionally, you may be disqualified from receiving certain types of government benefits and assistance programs.

This can affect all aspects of your life for years to come, which is why it’s so important to take these charges seriously and get a qualified Florida criminal lawyer to investigate your case. You are entitled to knowing your rights before you go to court, and you deserve to have knowledgeable, dedicated legal representation.

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