Rape and Sexual Battery Charges
If you are facing criminal charges for sexual battery, you can benefit from the professional legal services provide by Leskovich Law Group, P.A. The criminal court system can feel confusing and intimidating and prospect of spending time in prison and paying enormous fines can be frightening. We help clients by defending cases that involve charges for sex crimes,
violent crimes, domestic violence, homicide, and other types of misdemeanor and felony crimes.
Our attorneys work closely with our clients throughout each step of the criminal process and fight for their rights both inside and outside the courtroom. We defend our clients with the goal of achieving the best possible outcome of decreased charges, dropped charges, or case dismissal.
The Crime of Sexual Battery
Florida Statute, Title XLVI Crimes, Chapter 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 an object; however, sexual battery does not include an act done for a bona fide medical purpose." Sexual battery is commonly referred to as rape or sexual assault.
Sexual Battery Penalties
The penalties for sexual battery are harsh and they can depend on the age of the victim, the age of the offender, the disability of the victim, impairment and limited ability of the victim to flee.
- It is a capital felony for a person over 18 years who commits sexual battery on a person less than 12 years of age and injures the sexual organs of the minor child. A capital felony is punishable by death or life sentence without the possibility of parole.
- Sexual battery committed or attempted by an offender less than 18 years of age on a victim less than 12 years old and injures the sexual organs of the minor child is a life felony. The penalty for a life felony is 30 years to life in prison, and up to $15,000 in fines.
- Sexual battery committed on a victim 12 years or older, without consent of the victim, and done with the threat of a deadly weapon, or the use of physical force that causes serious physical injury is a life felony, punishable to 30 years to life in prison, and maximum $15,000 fines.
- The offense of sexual battery committed on a victim over 12 years old without consent is a felony in the first degree, punishable by 15-30 years in prison, and up to $10,000 payable in fines.
- A person convicted of sexual battery must register as a sex offender in accordance with the U.S. and state laws.
Sexual Battery Defense Options in Punta Gorda, FL
In sexual battery cases, the prosecution must show the existence of all required elements and prove beyond a reasonable doubt that the crime was committed. If the prosecution cannot prove all elements then the charges may drop to lesser assault and battery charges. It can be difficult to show that the victim over 12 did not consent. Lack of consent is automatically assumed in victims less than 12 years.
Defense strategies can include false accusations for any number of reasons including jealousy, fear of getting caught having sex, manipulation of the defendant, or others. The victim may have given consent and then later withdrew it. Your attorney can work with you to establish the facts of the case and develop the best possible defense moves on your behalf.