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The Florida laws define sexual battery using terms that read as very graphic and almost clinical. Currently, the law recognizes sexual battery in situations where any oral, anal, or female genital penetration by, or union with, the sexual organ of another or the anal or female genital penetration of another by any other object.(Florida Statute 794.011)
Firstly, while the law specifies female genital penetration, it also recognizes that sexual battery can occur to anyone regardless of gender; you’ll notice while the term “male” does not appear in the statute, it does specify “oral and anal penetration,” meaning it can apply to any person.
Secondly, it’s understood these actions will have occurred without the consent of the victim. The statute clarifies this point by noting the term “victim” applies to any person who has been object of a sexual offense. The statute also clarifies that consent does not include coerced submission and would not apply in situations where the victim failed to offer enough physical resistance to halt the battery.
In other words, no means no, and being physically overpowered does not equate to a “yes” from the victim.
Finally, the statute does carve out a specific exception for penetration in situations involving “bona fide medical purposes.” That means that in situations where a medical professional had to penetrate a person’s body in the name of health and safety, the sexual battery would not necessarily apply.
If you are arrested for attempting this crime using a weapon or certain types of force, you could face harsher charges and penalties. Some crimes that see this charge include:
Because the state of Florida observes harsher penalties for battery charges over assault charges, applying the term “aggravated” to sexual battery charges can increase the severity of the punishment upon conviction.
Aggravated sexual battery may have occurred in situations where the individual accused of committing the battery also:
• Was in a position of authority at the time of the accused crime.
This could apply in situations where the accused was the victim’s work supervisor, teacher, parent, resource officer, or otherwise used their authority to instigate the sexual battery.
• Used threats or actual violence.
The accused may have threatened the victim with job loss, social isolation, or physical pain for themselves or for any loved ones, including friends and family. Also, as stated previously, the victim cannot give consent by bowing to threats or being physically harmed.
• Had a previous conviction.
Admittedly, this one does not necessarily refer to every type of previous conviction; a person with only a previous DUI conviction may not be facing the harsh consequences of someone with a prior sexual battery conviction.
Sexual battery can apply to multiple criminal charges, including:
1. Rape of a Child
2. Rape of a Minor
3. Rape of Anyone over 65 years old
4. Rape Involving a Deadly Weapon
Regardless of the specific crime, the state of Florida currently classifies sexual battery as a second-degree felony, which carries the maximum penalties of 15 years in jail and $10,000 in fines. Aggravated sexual battery qualifies as a first-degree felony, which carries a maximum of 30 years’ jail time to match the $10,000 maximum fine.
Because sexual battery charges carry such severe penalties, if you have been charged, it’s important to obtain a good criminal defense attorney. At Farkas & Crowley, both Adam R. Farkas and Jacqueline D. Crowley have extensive experience in criminal law and will defend you rigorously. To find out more, contact our office today.
Looking for a criminal law firm? Farkas & Crowley, P.A. are the attorneys for you. They are extremely knowledgeable of the law and go the extra mile for their clients. Their expertise and impeccable work ethic are hard to beat. Available 24/7. Highly recommended.
-Marla Newman
500 S. Australian Ave.
6th Floor
West Palm Beach, FL 33401
(561) - 444 - 9529
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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship. No content on this site may be reused in any fashion without written permission from criminal defense attorneys at Law Office of Farkas & Crowley, P.A.
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. No content on this site may be reused in any fashion without written permission from criminal defense attorneys at Law Office of Farkas & Crowley, P.A.
