Things to Know About Sexual Battery
Being convicted of sexual battery carries very serious consequences. These include prison sentences that can last for decades. A conviction will also leave your career, reputation, and freedom at significant risk. The first step toward protecting your future is to fully understand the charges against you, as well as the defenses available in these cases. Below, our Fort Lauderdale sex offense lawyer explains further.
What is Sexual Battery in Fort Lauderdale?
Charges involving sexual battery vary based on a number of different factors, including whether force was used, the age of the victim, and other facts. Sexual battery is defined in state law as the vaginal, anal, or oral penetration with someone else’s sexual organs or by any other object. The three types of sexual battery include:
- Sexual battery: If the offense does not involve force and the victim is 12 years of age or older, standard sexual battery is a felony punishable by up to 15 years in prison and a maximum $10,000 fine.
- Sexual battery using a weapon: If a deadly weapon was used, or the defendant threatened to use one, it is classified as a life felony. Convictions for this offense carry penalties of life imprisonment and a maximum $15,000 fine.
- Sexual battery involving a child: If the accused is 18 years of age or older and the victim is under 12 years old, it is a capital felony for which you will be potentially be facing the death penalty in Florida, or at best, a mandatory life sentence in prison.
Common Myths About Sexual Battery
Many people are unaware of the sexual battery laws in Florida until they are charged with a crime. This has led to many misconceptions developing over the years and it is critical that you understand the truth behind them. The most common of these are as follows:
- There is no DNA evidence: People sometimes think that if there is no DNA evidence against them, or injuries to the victim, they cannot be convicted. Other evidence can secure a conviction, such as social media posts, text messages, and testimony.
- It was consensual: Many people think encounters are consensual even though state law sometimes invalidates consent. These include when the alleged victim was under 16 years old or is incapacitated even if its voluntarily by drinking or using drugs.
- The accuser is being inconsistent: If an accuser’s account changes over time, it can be reason to question their credibility and establish that things may not have happened the way they are saying. Still, the prosecution often explains these inconsistencies as expected trauma responses.
Our Sex Offense Lawyer in Fort Lauderdale Can Provide the Advice You Need
Sexual battery is an extremely serious matter and if you are convicted, you will face some of the harshest penalties. At Haber Blank, our Fort Lauderdale sex offense lawyer can advise on the strategies that can help you defend your case and that will give you the best chance of beating the charges or having them reduced. Call us now at 954-767-0300 or chat with us online to schedule a consultation with our experienced attorney and to get the legal help you need.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0794/Sections/0794.011.html
