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Sexual Battery Charges in Florida

Sexual battery, more commonly known as rape, is a serious crime with serious repercussions. If you or someone you know has been accused of sexual battery, you’ll need an experienced defense attorney on your side to help you argue your case. Contact Hanlon Law today to schedule a free consultation. 


What is Sexual Battery?


Florida Statute 794.011 defines sexual battery as the oral, anal, and/or vaginal penetration of a person with one’s sexual organ, and/or any other object, without that person’s consent. 


What Counts as Consent? 


The same statute defines consent as “intelligent, knowing, and voluntary” agreement to the sexual encounter. It specifically notes that coerced submission (someone who is forced to say ‘yes’ or otherwise agree to the encounter) does not actually count as consent. 


The statute further notes that consent cannot be inferred from a lack of physical resistance – meaning that, just because an alleged victim didn’t physically fight back, the encounter can still be nonconsensual. 


Aggravating Factors


Certain circumstances, called aggravating factors, can lead to enhanced sentencing:


  • The victim is physically helpless to resist
  • The use of coercion via threats of force that the victim could reasonably assume would cause them serious physical injury, and that the victim could reasonably believe the perpetrator has the capability to execute
  • The use of coercion via threats of retaliation that the victim could reasonably believe the perpetrator has the ability to commit
  • The use of drugs or mind-altering substances, such that the victim is mentally or physically incapacitated (whether administered by the perpetrator or third party)
  • The perpetrator was aware (or could reasonably be expected to realize) that the victim is mentally handicapped
  • The victim is physically incapacitated (whether due to physical handicap, restraints, etc)
  • The perpetrator held a position of governmental authority over the victim at the time of the battery, such as a law enforcement officer, elected official, or other government agent


What are the Consequences of Sexual Battery?


As the definition of sexual battery is broad and can include a wide variety of situations, the punishments depend heavily on the circumstances at the time the battery was committed.


  • If both the victim and the perpetrator were over the age of 18 at the time of the crime, the battery is a second-degree felony 
  • If the victim was between the ages of 12 and 18, and the perpetrator was over the age of 18, the battery is a first-degree felony
  • If the perpetrator was under the age of 18, the battery is a second-degree felony
  • If any of the above aggravating factors apply, the battery is a first-degree felony regardless of the age of the perpetrator
  • If the victim was under the age of 12, and the perpetrator was over the age of 18, the battery is a capital felony
  • If the perpetrator was under the age of 18, the battery is a life felony
  • If the victim was over the age of 12, and force and/or a deadly weapon was used in the commission of the crime, the battery is a life felony
  • If the victim was over the age of 12, the perpetrator was over the age of 18, and the perpetrator has prior convictions of a sexual nature, the battery is a first-degree felony 
  • If the victim is between the ages of 12 and 18 and the perpetrator holds familiar and/or custodial authority over the victim, the battery is a first-degree felony
  • If the victim us under the age of 12, the battery is a capital or life felony


In addition to felony charges, anyone convicted of sexual battery is sentenced to mandatory sex offender registration. The sex offender registry is a publically-accessible list of all convicted sex offenders. It includes their name, crime, certain identifying information, and often, a mugshot. 


Those on the sex offender registry are required to update their information on an annual basis for the rest of their life, as well as any time any of the information changes, such as moving to a new apartment or getting a new car. Being on the sex offender registry can make it difficult, if not impossible, to secure housing, educational opportunities, and employment. 


Lakeland Criminal Defense Lawyers


With every possible conviction being a felony, and mandatory sex offender registration as the icing on the cake, the stakes are high in sexual battery cases. That’s why it’s vital to retain an experienced, successful defense attorney to help you fight these kinds of charges. Will Hanlon with Hanlon Law has been representing the accused for nearly two decades. Our legal team will work tirelessly on your behalf to help you build a strong case, and will advocate for you at every opportunity. 


If you’ve been accused of sexual battery, or any other sex crime, don’t wait. Contact Hanlon Law today to get started on your best possible defense.

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