Capital Sexual Battery Charges in Florida
Capital Sexual battery is one of the most serious sex offenses in Florida. If you have been charged with this sex crime, you need to speak with an experienced criminal defense attorney.What is sexual battery in florida? If you commit sexual battery upon a person under 12 years of age or injure their sexual organs during a sexual battery attempt, you could be charged with capital sexual battery. This is a capital felony punishable by life in prison without parole.
Florida Statute 794.011: Capital Sexual Battery
Florida law makes sexual battery a serious offense, and the penalties for the crime vary depending on the circumstances involved. Whether an accused person is charged with a felony or not depends on a variety of factors, including the age of the victim and the accused person, the amount of force used to commit the crime, and whether any aggravating circumstances were present. In some cases, the crime is considered a capital offense, and victims are entitled to certain rights.
Under this section of the Florida statute, a person over the age of 18 who commits sexual battery on a victim under 12 years of age and injures their genital organs commits a felony of the first degree. The offender must also have been in a position of familial or custodial authority over the victim at the time of the crime. However, if the offender was not in this type of position, and they commit sexual battery on a victim under 12, or if they injure their sex organs when doing so, the offender commits a second-degree felony.
In addition, under Florida law, sexual assault crimes committed against victims 16 years of age or younger are not subject to the usual state statute of limitations. This provision is known as “Donna’s Law,” and was enacted by the Florida legislature in 2020. For these types of crimes, the general statute of limitations does not begin until the victim reaches age 18, or until the crime is reported to law enforcement.
What is sexual battery in Florida? Florida law makes it a capital offense to sexually batter or injure the sexual organs of children under 12 years old. These crimes destroy the innocence of young victims and violate all standards of decency held by civilized society. If convicted of these crimes, you will face a life sentence in prison with no possibility of parole. In some cases, a skilled sex crime attorney may be able to call into question the evidence presented in your case, or can raise valid defenses that could result in a reduction of charges or a not guilty verdict. Contact a sex crimes lawyer immediately to begin the process of fighting your case. They will be able to explain the specific laws that apply to your case and what possible outcomes might occur.
Examples of Sexual Battery
The state of Florida takes sexual offenses very seriously, and if convicted of any type of sex crime you will face severe penalties. It is crucial that you speak with an experienced Orlando criminal defense attorney immediately if you have been arrested or accused of any kind of sexual assault. An Orlando sexual battery lawyer can work to investigate the claims against you, gather evidence and develop a strong case that will help to clear your name. Even if you are found guilty of sexual battery, an experienced attorney may be able to reduce the penalties that you face. Call today for a consultation.
Penalties for Capital Sexual Battery
A capital sexual battery charge is much like any other sex crime in Florida, but the punishment is far more severe. This is because children under 12 years of age are not considered to be able to consent to sexual activity and as such, consent cannot be used as a defense in this type of case. Additionally, if the perpetrator was in a position of authority over the victim (i.e., a police officer or teacher) or threatened to harm the victim’s family and friends in the future, the offense can be elevated to aggravated sexual battery.
If you are convicted of a capital sexual battery crime, you could face life in prison without the possibility of parole. A conviction for this heinous crime will have a profound effect on your personal and professional life, and you should consult with a Florida criminal defense lawyer who is experienced in this type of felony case as soon as possible.
Also referred to as lewd or lascivious molestation, this heinous crime involves touching the buttocks, genital area, breasts, or clothing covering those areas in a non-consensual manner. Florida laws prevent mistakes or a lack of knowledge as a valid rape defense, but the exact penalties will depend on a variety of factors including the victim’s age. If you are convicted of this offense, you must register as a sex offender for the rest of your life and may have difficulty finding work or housing.
Maximum Penalty For Capital Sexual Battery
If a person is charged with capital sexual battery in Florida, the penalty they face could be life in prison without parole. The maximum sentence will depend on the age of the victim and the accused, as well as whether there are any aggravating circumstances.
The crime of sexual battery is defined by the state as any oral, anal or vaginal penetration of another person by a person or object. It also includes the groping of someone else.
A person can be found guilty of sexual battery for a variety of reasons, including if they coerce someone into participating in sex against their will. If they injure a sexual organ in the process, it is considered aggravated sexual battery. A conviction for either of these crimes can carry serious prison time and a large fine.
There are several different types of sexual batteries, and they can be categorized as capital or non-capital offenses. In general, all sex assault crimes are punishable by a felony with significant prison time and substantial fines. In addition, they can be classified as a capital crime if the offender is more than 18 years old and they attack a child who is under 12 years of age, or if they injure the child’s sexual organs while committing the assault.
The state prosecutes all sex crimes very vigorously, and they are even harsher in cases of capital sexual battery. This is why it is important to have a tenacious attorney by your side as soon as possible.
Possible Defenses against Charges
Sexual battery accusations are taken very seriously in Florida, and if they’re proven true the accused could face extreme consequences such as expensive fines, jail time, or a criminal record that may affect their life long after they have served their sentence. A conviction for sexual battery can also lead to social stigma and a deterioration of relationships with family and friends. That’s why it is so important to hire a tenacious attorney who can aggressively fight for your rights and freedoms.
One of the most common defenses against charges is proving that the sexual intercourse was consensual. If the accused can prove that they had the victim’s consent, a jury will likely dismiss the charges against them. Another possible defense is arguing that the accused was mentally defective and therefore incapable of giving consent. This can be proven by a mental evaluation or through a testimony from a psychiatrist or psychologist.
Lastly, it is crucial that the accused does not talk to the police or the accuser without the presence of an attorney. Even if the accused is innocent, they can unwittingly give information that will be used against them. Furthermore, an accuser’s motives should be thoroughly investigated. False accusations are fairly common, and they’re especially serious when it comes to sex crimes. It’s vital that a tenacious lawyer investigates the accusations and exposes any fabricated evidence to the jury of your capital sexual battery case in Florida.