Sexual Battery

Accusations of rape are extremely serious, and if you have been charged with sexual battery of any kind in Florida, you will face harsh penalties that could follow you for the rest of your life. Contrary to popular belief, rape occurs more often between people who know each other than it does between strangers, and wrongful accusations are not uncommon.

If you are being investigated for sexual battery, it is vital you enlist the help of an experienced sexual battery defense lawyer who knows what it takes to fight sex crime charges in Florida. Criminal Defense Attorney Brian Gabriel has over 30 years of experience helping Floridians accused of various sex crimes. When you work with Mr. Gabriel, you can rest assured that he will handle your case using all of the knowledge and skill developed over the span of his triple-decade career.

What To Know About Legal Consent in Sexual Battery or Rape Cases in Florida

Rape—legally referred to in Florida as “sexual battery”—is the non-consensual penetration of another person’s sexual organs. This offense is one of the most severely penalized crimes under Florida law.

To prove sexual battery occurred beyond a reasonable doubt, the prosecution must demonstrate consent was not given. Under Florida Statute § 794.011, consent is defined as “intelligent, knowing, and voluntary” and does not include coerced submission.

A victim who fails to physically resist the offender is not consenting. In addition, a victim who cannot give consent due to physical incapacity, whether through being unconscious or physically unable to communicate, is not deemed capable of providing consent. This includes any victim under the age of 12, as they are legally incapable of intelligently and knowingly consenting to sexual activity.

Potential Consequences for Sexual Battery or Rape in Florida

Sexual battery charges in Florida are always felonious. Depending on the details surrounding your case, you could face life felony or capital felony charges. The age of the alleged victim is a critical factor in determining the type of felony charges.

Sexual battery against minors under 12 is considered a capital felony, which can result in the death penalty or life imprisonment without parole. Offenses against minors committed by a minor are known as “life felonies,” which can result in lifelong registration on the sex offender registry, a fine of up to $15,000, and life imprisonment.

Sexual battery against those over 12 is generally considered a first-degree felony, punishable by up to 30 years in prison, a fine of up to $10,000, and lifetime sex offender status. Offenses committed without physical force or violence that is likely to cause serious personal injury are considered second-degree felonies, punishable by up to 15 years in prison, a fine of up to $10,000, and lifetime sex offender registration if convicted.

If you are facing charges for sexual battery, it is crucial to seek the counsel of an experienced sexual battery defense lawyer as soon as possible.

How To Fight a Charge for Sexual Battery or Rape in Florida

Some common defense strategies used to defend sexual battery in Florida include:

• Consent: If it can be shown that the alleged victim gave consent to the sexual act, you may be able to have the charges dropped.
• Mistaken identity: If it can be proven you were wrongly identified as the perpetrator of the sexual battery, you may be able to have the charges dismissed.
• Lack of evidence: If there is not enough evidence to prove beyond a reasonable doubt that you committed the crime, the charges against you may be dropped.

In Florida, the statute of limitations for sexual battery crimes depends on the age of the victim at the time of the offense. For victims who were under the age of 18 at the time of the offense, there is no statute of limitations. For victims who were over the age of 18 at the time of the offense, the statute of limitations is generally four years from the date of the offense.

Fight a Sexual Battery Charge in Florida with an Experienced Sexual Battery Defense Attorney

If you have been charged with sexual battery or accused of rape, now is the time to seek legal representation. Do not wait to start building your case. Sexual battery defense attorney Brian Gabriel will help you understand your legal rights, build a strong defense, and work to minimize the potential consequences of a conviction.

Start with a free consultation today by calling sexual battery defense attorney Brian Gabriel of The Law Office of Gabriel & Gabriel at (561) 622-5575.  You can also complete an online contact form to learn more.