You Could Get the Death Penalty for Sexual Battery of a Minor in Florida – Hire an Attorney NOW
In Florida, sexual battery is the legal term for what is commonly known as rape or sexual assault. It encompasses a range of offenses involving unlawful sexual contact, from non-consensual touching to penetration. When the victim is a minor, the severity of the crime and its consequences increase significantly.
Florida law designates sexual battery of a child under 12 as a capital felony, meaning it is eligible for the death penalty. If you are charged with this offense, you must contact a top criminal defense attorney as soon as possible. We will ensure your rights are upheld throughout the legal process, from initial investigation to trial, and aggressively pursue all options to mitigate or reduce your charge.
Criminal Charges for Sexual Battery of a Minor
Sexual battery is oral, anal, or vaginal penetration or union with the sexual organ of another, or the penetration of another’s vagina or anus by any object without consent. When an adult (18 years or older) commits sexual battery against a child under 12, it is considered a capital felony, meaning it can be punishable by death or life imprisonment.
This is particularly relevant if the sexual battery causes injury to the child’s sexual organs. A person under 18 who commits sexual battery against a child under 12 is has committed a crime punishable by a prison sentence ranging from 30 years to life.
Florida passed a law in 2023 allowing prosecutors to seek the death penalty for sexual battery of a child under 12. This law was enacted in defiance of a 2008 Supreme Court ruling (Kennedy v. Louisiana) that deemed the death penalty for child rape unconstitutional in cases where the child did not die.
Understanding the Legal Ramifications
For cases of capital sexual battery where the prosecutor intends to seek the death penalty, they must file a notice with the court and defendant within 45 days of arraignment, including a list of aggravating factors they plan to prove. The jury must unanimously find at least two aggravating factors beyond a reasonable doubt for the defendant to be eligible for the death penalty.
If at least eight jurors recommend death, the judge has discretion to impose a death sentence or life imprisonment without parole. The constitutionality of the Florida law allowing the death penalty for child rape is still debated and could potentially be challenged in court.
While the death penalty is a possibility, life imprisonment is also a common outcome for these offenses. Sentencing in these cases is complex and takes into account various factors including aggravating and mitigating circumstances.
With your rights and potentially your life on the line, you must have a skilled legal defender on your side if you are charged with sexual battery of a minor or any other sex crime. A lawyer can scrutinize the prosecution’s evidence, explore various defense strategies, and explore all opportunities to negotiate with the prosecution or mitigate the charges against you.
Call Our Florida Attorneys After a Charge for Sexual Battery of a Minor – and Learn How You Can Avoid the Death Penalty
An attorney who handles sexual crimes defense can provide aggressive advocacy in your case. We start by investigating the case, examining evidence, developing a defense strategy, and potentially seeking a deal with prosecutors.
A lawyer can ensure legal proceedings are fair, and work to avoid the absolute worst-case scenario. Contact The Umansky Law Firm now to receive your confidential attorney consultation.
