The State of Florida takes sex crimes seriously. If convicted of a sex crime, offenders face a life sentence in prison. If you feel you have been wrongly accused of a sexual offense, you need an Orlando lawyer to aggressively defend your case. An experienced sexual battery attorney will investigate the claims, gather information and present a convincing argument to clear your name. Please advise the different types of sexual battery and assault below.
Sexual assault is defined as the aggressive act of forcing a victim to submit to a sexual act against their will. The offender must threaten or attempt to sexually harm the victim when they do not comply with their demands.
Harm can include forced kissing, touching, child sexual abuse, torture, and in some cases forced penetration and rape. Punishment for assault is court-ordered rehabilitation, prison, fines or mandatory counseling.
Florida § 794.011 outlines the definition of sexual battery and the resulting consequences. Sexual battery is when a person physically forces themselves on another person. A battery case is more severe than an assault case and is commonly known as rape. Sexual battery includes rape, capital sexual battery, date rape, child molestation, and child sexual abuse. Punishment for the felony is up to life in prison.
The Statute also describes requirements and penalties for capital sexual battery in Florida. Capital sexual battery is a crime where the offender commits battery against a victim who is below the age of 12. It can include committing battery against or injuring the sexual organs of the victim. This type of battery is considered a capital offense because the victim must know the offender as a familial or custodial guardian. The court only has the word of the victim to prove the offense happened, so the victim must be proven wrong or the offender may get life in prison without parole.
Florida § 800.04 defines lewd sexual battery as acts such as touching a victim in a vulgar way when they are under 16 years old or soliciting a person to commit a sensual act. It is a crime that can carry one to two felonies depending on the age of the offender.
If the offender is 18 or older it is a second-degree felony with a punishment of 2.5 to 15 years in prison. The sentencing is lower for offenders under 18 years old. Minors can receive 2.5 to 5 years in prison and probation if they are only suspected.
The State of Florida aggressively prosecutes sex crimes offenders. If you have been charged with sexual battery, it’s essential to enlist the help with an aggressive attorney that can defend you against your charges. An Orlando attorney at The Umansky Law Firm will explore all legal options to clear their client’s name. As former prosecutors, we’ve tried hundreds of Florida courtroom cases, delivering unique advantages that other law firms just can’t match. Our team of attorneys has over 100 years of combined experience helping those charged with sexual offenses.
Call us today for a free case review.