Sexual Battery, sometimes referred to as rape, is a devastating charge. Just the allegation itself begins to ruin your reputation before you even get your day in court. Any accusation of sexual misconduct is a felony in the State of Florida. Under Florida’s Sentencing Guidelines, just about any sexual offense carries a mandatory prison sentence if you are convicted.
Are there different categories of Sex Offenses in Florida?
This blog post will focus on Sexual Battery. Other sexual offenses will be discussed in future blog posts. They include charges of:
- Lewd and Lascivious Molestation
- Lewd and Lascivious Battery
- Lewd and Lascivious Conduct
- Lewd and Lascivious Exhibition
- Sexual Battery with Multiple Perpetrators
- Unlawful Sexual Conduct with a Minor
- Capital Sexual Battery
So, what is 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.”
What does the State Attorney have to prove for a conviction?
The following elements must be proven:
1. The victim was at least 12 years old.
2. a. The defendant’s sexual organ penetrated or had union with the vagina, anus, or mouth of the victim, OR
b. The vagina or anus of the victim was penetrated by an object.
3. The victim did not consent to the act.
What if no force was used?
The law in Florida is clear about this. The accused does NOT have to use any physical force beyond what is necessary for penetration in order to be prosecuted for Sexual Battery. Another way of stating that is to say that the law does not require that any force was used, other than the force inherent in the accomplishment of the penetration or union.
If I am convicted of Sexual Battery, what am I facing?
Penalties differ based on the acts that are alleged and can also be influenced by sentencing enhancements under Florida Sentencing Guidelines for victim injury, the victim’s mental or physical capacity, use of force, or use of a weapon. In some situations, a conviction for Sexual Battery is punishable by a LIFE sentence in prison. In other circumstances, the penalty could be a lengthy term in prison followed by probation and mandatory declaration as a sexual offender or sexual predator upon release.
Are there defenses for a Sexual Battery charge?
Yes of course. The possible penalties are harsh, but that is only if you are convicted. At this point, you have only been accused.
It is my job to make sure it stays that way.
I am going to talk about two common defenses to a Sexual Battery charge. Both of these are defenses that I have used in the past to WIN sexual battery cases. Obviously there are other defenses, and not all will be applicable to your case.
Consent
Consent is defined under Florida law as “intelligent, knowing, and voluntary consent and does not include coerced submission. Consent does not mean the failure by the alleged victim to offer physical resistance to the offender.”
Consent is a very effective defense in some Sexual Battery cases. It is not a magic bullet, however. It does not apply in every case.
If the evidence shows that the complaining witness consented to the sexual act, it is a defense that could lead to full vindication on all charges. On the other hand, consent does NOT mean that the complaining witness didn’t say no. If she was not able to say yes or no because she was passed out for example, that is NOT valid consent.
Sometimes a person will engage in a consenual sexual act but then after the fact, feel regret for making a bad decision or using bad judgment. If such a person gave their consent freely, consent could be a valid consent.
False Accusation
“Charges of sexual misconduct have more false accusations than any other charge.”
I included that quote above because it is a direct quote from a ……….police officer!
I had a jury trial in Crestview last summer. My client was charged with Sexual Battery and was facing 30 years in prison.
The jury found him NOT GUILTY after less than 30 minutes of deliberation.
Why? The evidence clearly suggested that the case involved a false accusation.
In any case where there is a possibility of a false accusation, the first question I ask is, “why would the alleged victim lie? Why would they make it up?”
Exploring someone’s motive to lie is critical in these cases. If we can come up with a credible explanation for why someone would make a false accusation, we can raise this defense. Again, there must be a credible explanation. We can’t just make it up out of thin air. If we do, the jury will see right through it, and not believe us.
I haven’t been charged yet but the police want to talk to me.
This is very common in sex cases. The best advice I can give you is:
Usually a sex case involves a he-said, she-said situation. The police will be looking to trip you up and trick you into saying something incriminating.
If you suspect that someone is about to accuse you of a sexual offense, don’t assume that it is just going to go away. Don’t assume that the “truth” will come out.
People are convicted and sent to prison every day for these types of cases, and a great many of them were convicted based on their own statements to the police.
What should I do now?
More than just about any other charge, Sexual Battery charges require a very aggressive and proactive response.
The Prosecutor has already made up his/her mind that you are a rapist. They will devote all their efforts into putting you behind bars for as long as they can.
You need someone who will fight back hard.
You need Defense Counsel that has a proven track record of success in these cases.
I am an experienced Felony Sex Crime Attorney. I have successfully defended clients accused of sex charges in Crestview, Fort Walton Beach, and throughout Okaloosa County. If you choose Flaherty Defense Firm to defend you, I can’t promise what the ultimate result will be. I do guarantee however that your case will be handled with the skill and precision that such a charge demands.
I also guarantee that you will be treated with the compassion and understanding you deserve as you go through this crisis.
When your future is at stake, Flaherty Defense Firm can give you the help you need. If you or a loved one has been accused of Sexual Battery in Fort Walton Beach, Crestview, Niceville, Navarre, or anywhere in Okaloosa County or Santa Rosa County, call us at (850) 243-6097 for a free consultation. We are available 24 hours a day, 7 days a week.
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