Sex Crimes in Florida
Disclaimer: This page is not intended as legal advice. It is provided to give you basic information to use as a starting point in discussions with your attorney.
In the Criminal Justice world, there are two categories of crimes that are considered the worst of the worst. One of these categories is murder. The other is sex crimes. This is especially so if the sexual crime is especially violent or if it involves a child.
The worst of the sex crimes is the crime of rape – but you will not find the word “rape” in the Florida statutes. The legislature has renamed this crime “sexual battery.” Sexual battery crimes are governed by Chapter 794 of the Florida Statutes. There are several different offenses included. The crimes vary by the age of the offender, the age of the victim and whether or not there was physical harm.
When most people think of the crime of sexual battery or rape, they think of consent. Most associate the lack of consent or being forced to have sex as a main component of the charge. However, in Florida, depending on the age of the persons involved, consent may not be an element of the crime. In fact some statutes flat out tell you that having the person’s consent is not a defense. This is just part of the complexity of the sexual battery statutes.
The punishments for sexual battery range from 15 years in prison to life. Some sexual battery offenses are capital felonies. This means, if you are convicted, not only will you receive a life sentence but there will be no possibility of parole.
Convictions for sexual battery crimes can have severe consequences. In addition to time in jail, you will face registration requirements, have housing restrictions, work restrictions (if you are able to find work) and loss of civil liberties such as the right to have a firearm or vote. If you have children it can impact activities with them or interactions with their school or extra-curricular activities. A sexual battery accusation is not to be taken lightly!!
If you or someone close to you has been accused of sexual battery, you will need capable and knowledgeable attorneys with experience and resources dedicated to your defense. When you hire the defense team of Finebloom, Haenel & Higgins this is exactly what you receive. Do not wait for your situation to get worse! Call 1-888-424-7777 to consult with one of our attorneys 24/7. Let us explain to you how our skilled defense team can help fight your case today!
SEXUAL BATTERY
So how is sexual battery defined?
Florida statute 794.011(h) defines “Sexual battery” as meaning “oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object. . .”
Again, notice that this definition does not mention lack of consent or forcing yourself on another. Whether consent will be an element of the crime is dependent on the age and physical or mental abilities of the victim.
There are several categories of sexual battery. They are explained in detail below.
CAPITAL OR LIFE FELONIES
There are several types of sexual battery that are punishable by life or life without parole. To be a capital or life offense:
- the victim has to be under 12 years of age; or
- there must be use or a threat to use a deadly weapon; or
- there must have been actual physical force used that was likely to cause serious bodily injury.
If one or more of these conditions are present in your case, then you are facing serious, serious charges. If convicted you could spend your entire life in prison with no possibility of parole.
Sexual Battery by a Person Over the Age of 18 on a Victim Less than 12 Years of Age
(Capital Felony)
Florida statute 794.011(2)(a) states that “A person 18 years of age or older who commits sexual battery upon, or in an attempt to commit sexual battery injures the sexual organs of, a person less than 12 years of age commits a capital felony . . .”
There are two ways to be convicted under this statute. By committing a sexual battery or by injuring the child while trying to commit a sexual battery.
To prove that you committed the crime of sexual battery on the individual under 12 under this statute the State would have to prove that:
- You are over the age of 18
- The other person involved was under the age of 12
- That you had
- oral penetration; or
- anal penetration; or
- vaginal penetration; or
- that you used an object to have oral penetration or anal penetration or vaginal penetration
- It does not matter if you were the “giver” or “receiver” of the activity. Either way you can be found guilty of the crime.
- Consent of the person under 12 is not a defense.
If the State is able to prove this occurred, you will be guilty of a capital felony and you can be sentenced to life without parole!!
To prove that you committed the crime of attempted sexual battery with injury to a sexual organ the State would have to show:
- You are over the age of 18
- The other person involved was under the age of 12
- That you attempted to:
- Orally penetrate the victim; or
- Anally penetrate the victim; or
- vaginally penetrate the victim; or
- that you attempted to use an object to orally, anally or vaginally penetrate the victim
- and that while doing so you injured the penis, vagina, breasts or anus of the victim.
- Consent of the person under 12 is not a defense.
If the State is able to prove this occurred, you will be guilty of a capital felony and you can be sentenced to life without parole!!
These crimes are very serious! They are aggressively prosecuted. Often there is hearsay evidence allowed that would not normally be admissible because of the nature of the offense. If you are accused DO NOT make any statements! Contact a reliable and professional attorney with experience in these matters and protect your rights!! The defense team of Finebloom, Haenel & Higgins is waiting 24/7 to take your call. Call 1-888-424-7777 now to start your defense!
Sexual Battery by a Person Under the Age of 18 on a Victim Less than 12 Years of Age
(Life Felony)
Florida statue 794.011(2)(b) is similar to the crime described above. The only difference is the ages of the parties. The statute states “A person less than 18 years of age who commits sexual battery upon, or in an attempt to commit sexual battery injures the sexual organs of, a person less than 12 years of age commits a life felony . . .”
To prove that you committed the crime of sexual battery on the individual under 12 under this statute the State would have to prove that:
- You are under the age of 18
- The other person involved was under the age of 12
- That you had
- oral penetration; or
- anal penetration; or
- vaginal penetration; or
- that you used an object to have oral penetration or anal penetration or vaginal penetration
- It does not matter if you were the “giver” or “receiver” of the activity. Either way you can be found guilty of the crime.
- Consent of the person under 12 is not a defense.
If the State is able to prove this occurred, you will be guilty of a life felony!!
To prove that you committed the crime of attempted sexual battery with injury to a sexual organ the State would have to show:
- You are under the age of 18
- The other person involved was under the age of 12
- That you attempted to:
- Orally penetrate the victim; or
- Anally penetrate the victim; or
- vaginally penetrate the victim; or
- that you attempted to use an object to orally, anally or vaginally penetrate the victim
- and that while doing so you injured the penis, vagina, breasts or anus of the victim.
- Consent of the person under 12 is not a defense.
If the State is able to prove this occurred, you will be guilty of a life felony!!
But if I am under 18 won’t I be charged in the juvenile court?
Possibly. But if you are over the age of 14, there are certain circumstances that allow for you to be charged as an adult for the crime of sexual battery. This means you will be prosecuted in the adult system. You will be treated and sentenced as if you were over the age of 18.
I thought it was illegal for a child under 18 to be sentenced to life in prison?
The Supreme Court ruled in June 2012 that juveniles convicted of murder cannot receive a mandatory sentence of life imprisonment without the possibility of parole. But that does not mean that a court could impose a long sentence such as 40 or 50 years….which can be just as bad.
What if I am 13 or 14 and the person I am dating is under 12 but in my same grade and we are dating?
It doesn’t matter. You can still be charged with a crime.
What if the children are related?
It does not matter. The child can still be charged with a crime.
How do I protect someone under the age of 18 from prosecution?
First, try to keep an eye on your child and educate them how to avoid these types of situations. The best way is to try to avoid having your child placed in a compromising position.
But if you are the parent or guardian of a child who has been accused of committing sexual battery on a young child under the age of 12, you need to contact a knowledgeable defense attorney at once! Laws regarding minors are slightly different and if you hire an attorney who is inexperienced they can miss important protections! At Finebloom, Haenel & Higgins our attorneys are familiar with these types of crimes and have the necessary resources to expend for your defense. Let our compassionate and capable attorneys provide a comprehensive defense for you or your child. Call us now at 1-888-424-7777. Our attorneys answer calls 24/7.
Sexual Battery on a Person 12 Years Old or Older
(Life Felony)
Although crimes against minors under the age of 12 are at the forefront of prosecutions, it does not mean that those are the only serious sex offenses. Florida statute 794.011(3) makes it a crime to commit sexual battery upon a person 12 years of age or older, without that person’s consent, by use or threat of use of a deadly weapon or by use of actual physical force likely to cause serious personal injury.
Notice this is one of the sexual battery crimes that has consent available as a defense.
So how would the State prove the crime?
In order to prove this offense, the State would have to prove that:
You committed an act of
- oral, anal, or vaginal penetration by sexual organ; or
- union with, the sexual organ of another; or
- the anal or vaginal penetration of another by any other object
AND
- The person was 12 years of age or older,
AND
- that person did not give consent,
- “Consent” as defined by 794.011(1)(a) means intelligent, knowing, and voluntary consent and does not include coerced submission.
- “Consent” shall not be deemed or construed to mean the failure by the alleged victim to offer physical resistance to the offender. Which means just because a person does not physically fight back does not mean that they are agreeing or consenting to the act.
AND
- in the process thereof uses or threatens to use a deadly weapon; or
- uses actual physical force likely to cause serious personal injury
- “Serious personal injury” means great bodily harm or pain, permanent disability, or permanent disfigurement.
If you are convicted of this crime it is a life felony. This means you could be sentenced to life with the possibility of parole after 25 years or actual life without parole – depending on the circumstances and your prior record.
What if the person consented but then says that they didn’t?
This happens often. Usually a person is charged first with the crime and then, sometimes, the truth is discovered later. This is why a thorough investigation of your case is necessary. If this is the case, speak with your attorney about your alternatives and the best way to proceed in your case.
Any sexual offense requires expert representation. For these particular offenses it is even more important to have the best representation possible. There is so much at risk. These cases are complicated and time consuming. You need a dedicated professional with the resources and knowledge to properly represent you. If you find yourself charged with one of these offenses, call an experienced and aggressive attorney immediately! The attorneys of Finebloom, Haenel & Higgins are available for consult 24/7 when you call 1-888-424-7777.
FIRST DEGREE FELONIES
Several sexual battery offenses are first degree felonies. First degree felonies are punishable by up to 30 years in a Florida State prison and a $30,000 fine. All of the sexual battery offenses that are first degree felonies have victims that are over the age of 12. If the victim is under the age of 12, it is a capital or life felony.
There are seven categories of first degree felonies that involve sexual battery charges:
- Sexual Battery on a Person Over the Age of 12 but Physically Helpless to Resist
- Sexual Battery on a Person Over the Age of 12 by Threat of Serious Bodily Injury
- Sexual Battery on a Person Over the Age of 12 by Threat of Retaliation
- Sexual Battery on a Person Over the Age of 12 When it is Known They Have Been Administered an Intoxicating Substance With the Intent to Incapacitate
- Sexual Battery on a Person Over the Age of 12 but Mentally Defective
- Sexual Battery on a Person Over the Age of 12 but Physically Incapacitated
- Sexual Battery on a Person Over the Age of 12 by a Person who is a Law Enforcement Officer or elected Official or member of Government
A conviction of any of these crimes can expose you to a prison sentence of up to 30 years.
Sexual Battery on a Person Over the Age of 12 but Physically Helpless to Resist
Florida statute 794.011(4)(a) states that “A person who commits sexual battery upon a person 12 years of age or older without that person’s consent. . . when the victim is physically helpless to resist” commits a first degree felony.
How does the State prove this crime?
In order to prove this offense, the State would have to prove that:
You committed an act of
- oral, anal, or vaginal penetration by sexual organ; or
- union with, the sexual organ of another; or
- the anal or vaginal penetration of another by any other object
AND
- the person was 12 years of age or older,
AND
- that person did not give consent,
- “Consent” as defined by 794.011(1)(a) means intelligent, knowing, and voluntary consent and does not include coerced submission.
- “Consent” shall not be deemed or construed to mean the failure by the alleged victim to offer physical resistance to the offender. Which means just because a person does not physically fight back does not mean that they are agreeing or consenting to the act.
AND
- that person was physically helpless.
- Under the definition in 794.011(1)(e)“Physically helpless” means unconscious, asleep, or for any other reason physically unable to communicate unwillingness to an act.
If the State is able to prove that you did all of those things, you can be convicted of this crime and sentenced up to 30 years in prison.
Many people who are accused of this crime are people who work in hospitals or nursing homes or other areas where individuals are kept heavily medicated. But that is not the only way you can be accused of committing this crime.
If you are accused of this crime, do not make any admissions or say anything! Call an attorney immediately to protect your rights! At Finebloom, Haenel & Higgins our attorneys are prepared to mount a defense for you. Call us now at 1-888-424-7777. Our attorneys are available 24/7 to discuss how our skilled defense team can assist you!
Sexual Battery on a Person Over the Age of 12 by Threat of Serious Bodily Injury
Florida statute 794.011(4)(b) states that it is a first degree felony “A person who commits sexual battery upon a person 12 years of age or older without that person’s consent . . when the offender coerces the victim to submit by threatening to use force or violence likely to cause serious personal injury on the victim, and the victim reasonably believes that the offender has the present ability to execute the threat.”
What does the State have to show to convict me of this crime?
This crime has a lot of elements to it. In order to prove this offense, the State would have to prove that:
You committed an act of
- oral, anal, or vaginal penetration by sexual organ; or
- union with, the sexual organ of another; or
- the anal or vaginal penetration of another by any other object
AND
- The person was 12 years of age or older,
AND
- that person did not give consent,
- “Consent” as defined by 794.011(1)(a) means intelligent, knowing, and voluntary consent and does not include coerced submission.
- “Consent” shall not be deemed or construed to mean the failure by the alleged victim to offer physical resistance to the offender. Which means just because a person does not physically fight back does not mean that they are agreeing or consenting to the act.
AND
- the offender coerces the victim to submit
- according to Google’s definition, “coerce” means to persuade an unwilling person to do something by using force or threats
- according to Google’s definition, “submit” means accept or yield to a superior force or to the authority or will of another person.
AND
- by threatening to use force or violence
AND
- the force or violence threatened would likely to cause serious personal injury on the victim
- Florida statute 794.011(g) defines “serious personal injury” as great bodily harm or pain, permanent disability, or permanent disfigurement.
AND
- and the victim reasonably believes that the offender has the present ability to execute the threat
- present ability means at the moment. Not at some time in the future.
If the State is able to prove each of these elements you can be convicted of a life felony and face 30 years to life in prison!
Consent is a defense to this particular crime. This means if your attorney is able to prove that the person you had sex with did it willingly, you can be found not guilty. However, under the evidence rules there are certain methods that must be used in order to introduce the consent. So it is important to have a qualified attorney to assist you in presenting this to a jury.
If you or someone close to you is accused of committing sexual battery on a person under 12 by threat of serious bodily injury, do not delay! Call the aggressive and tenacious attorneys of Finebloom, Haenel & Higgins at 1-888-424-7777. Our defense team is standing by 24/7 to discuss how our experience and resources can work for you. Call us now and explore all of your defense options today!
Sexual Battery on a Person Over the Age of 12 by Threat of Retaliation
This crime has a title that makes it sound more complicated than it actually is. If you are charged with this crime, the State is saying that you told someone that they had to have sex with you right now, or you would cause them some type of harm in the future. That harm could be to the individual or someone close to them. In order to be convicted to this offense, the State would have to prove beyond a reasonable doubt that:
You committed an act of
- oral, anal, or vaginal penetration by sexual organ; or
- union with, the sexual organ of another; or
- the anal or vaginal penetration of another by any other object
AND
- The person was 12 years of age or older,
AND
- You made a threat of retaliation against the victim or another person
- Florida statute 794.011 (f) defines “Retaliation” as including:
- threats of future physical punishment,
- kidnapping,
- false imprisonment or forcible confinement,
- or extortion.
- Florida statute 794.011 (f) defines “Retaliation” as including:
AND
- The victim reasonably believed you had the ability to carry out the threat of retaliation in the future
AND
- that person did not give consent,
- “Consent” as defined by 794.011(1)(a) means intelligent, knowing, and voluntary consent and does not include coerced submission.
- “Consent” shall not be deemed or construed to mean the failure by the alleged victim to offer physical resistance to the offender. Which means just because a person does not physically fight back does not mean that they are agreeing or consenting to the act.
If the State is able to prove each of these elements you can be convicted of a life felony and face 30 years to life in prison! So it is important to consult with an attorney who is familiar with these types of crimes and the available defenses.
What is a reasonable belief of retaliation?
In order for the State to prove retaliation, they have to show that you made some type of threat and also that the victim reasonably believed you has the ability to carry out the threat in the future. Reasonable means that it is fair or sensible to believe that the situation could occur. Here are two examples where it may or may not be reasonable to believe a threat:
Where it would be reasonable for a victim to believe a threat:
Let’s say you threaten the victim that they must have sex with you or you will kidnap their child. The victim knows you know the child, you live next door to the victim and the child, you know the child’s school schedule, and the child is familiar with you and may enter a car with you without question. Those types of facts could lead the victim to believe that you could actually kidnap the child in the future.
Where it would not be reasonable for a victim to believe a threat:
Let’s say you threaten the victim that they must have sex with you or you will have the Governor come to the house and kidnap their child. It is not reasonable to believe that the average person could convince an elected official to come to a neighborhood and personally commit a crime. This may not be reasonable unless other evidence was presented.
These are just exaggerated examples to make a point. Each fact pattern is always considered on a case by case basis. If there is an accusation that you have used a threat to force a person to have sex with you, you should discuss the situation with an experienced lawyer. At Finebloom, Haenel & Higgins our attorneys are not only experienced, but they are relentless in their representation and protection of clients and their rights. Call now. Our attorneys are available 24/7 at 1-888-424-7777 to discuss how we fight or you!
Sexual Battery on a Person Over the Age of 12 When it is Known They Have Been Administered an Intoxicating Substance With the Intent to Incapacitate
This charge is often seen in “date rape” cases where it is alleged that one person was “roofied” by another person.
The term “roofy” refers to the drug, Rohypnol. Rohypnol is a depressant and tranquilizer. When the drug is placed in a person’s drink, it causes a black out for a period of time. The drugged person wakes up and has no idea what happened. In many cases the victim wakes up out of the blackout and finds they have been the victim of a sexual assault.
Roofies were most often seen in college fraternity cases and in raves. But that is not the only situation where a person can be charged with this crime. In order to prove this offense, the State would have to prove that:
You committed an act of
- oral, anal, or vaginal penetration by sexual organ; or
- union with, the sexual organ of another; or
- the anal or vaginal penetration of another by any other object
AND
- The person was 12 years of age or older,
AND
- It is known to you that the person has been given an intoxicating substance
- This does not mean that you have to give the person the substance yourself
- It can be any type of intoxicating substance including alcohol.
AND
- The intent of giving the person the intoxicating substance was to make them physically or mentally incapable of resisting
- Statute 794.011(c) says that “Mentally incapacitated” means temporarily incapable of appraising or controlling a person’s own conduct due to the influence of a narcotic, anesthetic, or intoxicating substance administered without his or her consent or due to any other act committed upon that person without his or her consent.
- Statute 794.011(j) says that “Physically incapacitated” means bodily impaired or handicapped and substantially limited in ability to resist or flee.
- This means giving someone any type of drug or alcohol with the intent of making them helpless, or incoherent, or so out of it that they don’t know what is going on so that they can’t fight back or say no to your sexual advances
AND
- that person did not give consent,
- “Consent” as defined by 794.011(1)(a) means intelligent, knowing, and voluntary consent and does not include coerced submission.
- “Consent” shall not be deemed or construed to mean the failure by the alleged victim to offer physical resistance to the offender. Which means just because a person does not physically fight back does not mean that they are agreeing or consenting to the act.
If the State is able to prove each of these elements you can be convicted of a life felony and face 30 years to life in prison! Since this crime affects younger individuals more often than that of the older crowd, a life can be ruined if a proper defense is not mounted immediately after arrest.
What if the person takes the substance voluntarily?
If the person took the substance voluntarily you might have a defense. You would have to discuss it with your attorney.
What about rave parties where everyone takes ecstasy?
Ecstacy is a drug or substance that could qualify under this statute as an intoxicating substance. If you are at a rave where everyone was “rolling” and you ended up sleeping with someone things could get very complicated. Again, you would have to discuss this scenario with your attorney to see if you had a valid defense.
This offense is very serious! Many times it is a college student that is charged with this offense and it can ruin their lives forever if proper and swift action is not taken. If you or someone you know is charged with this crime, contact legal counsel immediately! With immediate intervention the case could resolve more favorably then if you wait to see what happens. Call the defense team of Finebloom, Haenel & Higgins at 1-888-424-7777 to explore all of your defense options. Our team is available to consult with you 24/7.
Sexual Battery on a Person Over the Age of 12 but Mentally Defective
There are some cases where a person is over the age of 18 or 21, but mentally they stop maturing at a much younger age. It could be due to autism, head trauma, mental retardation or some other mental defect. In these cases, a person may not fully comprehend all of the things a normal adult their age would understand. Those individuals may qualify as being “mentally defective” under this statute. The purpose of the statute is to keep these individuals from being taken advantage of by smarter individuals who have bad intentions.
In order to prove the offense of sexual battery on a mentally defective person over the age of 12, the State must prove that:
You committed an act of:
- oral, anal, or vaginal penetration by sexual organ; or
- union with, the sexual organ of another; or
- the anal or vaginal penetration of another by any other object
AND
- The person was 12 years of age or older,
AND
- the person is mentally defective
- “Mentally defective” as defined under Florida statute 794.011(b) means a mental disease or defect which renders a person temporarily or permanently incapable of appraising the nature of his or her conduct.
AND
- you had reason to believe they were mentally defective; or
- had actual knowledge that they were mentally defective
AND
- that person did not give consent,
- “Consent” as defined by 794.011(1)(a) means intelligent, knowing, and voluntary consent and does not include coerced submission.
- “Consent” shall not be deemed or construed to mean the failure by the alleged victim to offer physical resistance to the offender. Which means just because a person does not physically fight back does not mean that they are agreeing or consenting to the act.
Consent under this particular statute can be tricky. If the person is mentally challenged, they may not have understood what they were consenting to. If you know the person is 21, but has the brain of an 8 year old, it is hard to say that they voluntarily agreed to sex. They might not fully understand what sex is even though they are of legal age.
This crime occurs often in group home settings, or in situations where an older individual moves into a household where a mentally defective individual lives. Either way, the charge is punishable by 30 years to life in prison! So it is especially important to find aggressive attorneys who are willing and able to present a cohesive defense.
To discuss every option available to you by an attorney who has the time, dedication and resources to follow through with a strong defense, call 1-888-424-7777. The defense team of Finebloom, Haenel & Higgins is accessible 24/7 for you!
Sexual Battery on a Person Over the Age of 12 but Physically Incapacitated
It is crime to have sex against someone’s will while they physically can’t say no or leave. This particular crime is often charged in cases where an orderly or member of medical staff has some type of sexual intercourse with a ward who is physically confined to bed due to stroke or other physical issue. But this is not the only time the crime can be charged. It is just an example. In order to prove this offense, the State would have to prove that:
You committed an act of
- oral, anal, or vaginal penetration by sexual organ; or
- union with, the sexual organ of another; or
- the anal or vaginal penetration of another by any other object
AND
- The person was 12 years of age or older,
AND
- The person was physically incapacitated
- Statute 794.011(j) explains “Physically incapacitated” as meaning “bodily impaired or handicapped and substantially limited in ability to resist or flee.’
AND
- that person did not give consent,
- “Consent” as defined by 794.011(1)(a) means intelligent, knowing, and voluntary consent and does not include coerced submission.
- “Consent” shall not be deemed or construed to mean the failure by the alleged victim to offer physical resistance to the offender. Which means just because a person does not physically fight back does not mean that they are agreeing or consenting to the act.
If you are convicted the punishment ranges from 30 years to life in prison!
This is a very serious charge! If you find yourself charged with this offense, it is very important to not make any statements and to contact an attorney familiar with the sexual assault laws immediately! Failure to do so can result in a life sentence!!
If you are accused, contact the office of Finebloom, Haenel & Higgins 24/7 to discuss your possible defense options. Our attorneys are on hand by calling 1-888-424-7777. Our knowledgeable team will take the time to fully explore all of your options. Don’t wait! Call a professional dedicated defense team to work for you today!
Sexual Battery on a Person Over the Age of 12 by a Person who is a Law Enforcement Officer or elected Official or member of Government
As a general rule, communities hold law enforcement officials to a higher standard. Although we like a good scandal with our elected officials, we hold them to a higher standard as well. Government employees are also held to higher accountability when it comes to moral conduct that those in private occupations. Because of this, there are special laws that punish these types of people more harshly for sexual crimes than those in a normal position. Part of this is the reasoning that we as a society do not want people holding these positions to use their authority to make us do things we don’t want to do. As a result, if you hold a government, law enforcement or elected position and you commit a sexual battery you face a life felony.
In order to prove an offense under 794.011(4)(g) the State would have to prove that:
You are:
- a law enforcement officer, correctional officer, or correctional probation officer or
- an elected official, or
- any other person in a position of control or authority in a probation, community control, controlled release, detention, custodial, or similar setting,
AND
- you are acting in such a manner as to lead the victim to reasonably believe that you in a position of control or authority as an agent or employee of government.
AND
You committed an act of
- oral, anal, or vaginal penetration by sexual organ; or
- union with, the sexual organ of another; or
- the anal or vaginal penetration of another by any other object
AND
- The person was 12 years of age or older,
AND
- that person did not give consent,
- “Consent” as defined by 794.011(1)(a) means intelligent, knowing, and voluntary consent and does not include coerced submission.
- “Consent” shall not be deemed or construed to mean the failure by the alleged victim to offer physical resistance to the offender. Which means just because a person does not physically fight back does not mean that they are agreeing or consenting to the act.
- Florida statute 794.011(9) clearly states that for prosecution under paragraph (4)(g), acquiescence to a person reasonably believed by the victim to be in a position of authority or control does not constitute consent, and it is not a defense that the perpetrator was not actually in a position of control or authority if the circumstances were such as to lead the victim to reasonably believe that the person was in such a position.
What does “acquiescence” mean?
It means that the person is not really agreeing or consenting out of their own free will. They are agreeing or consenting because of the influence they feel you have over them, or because they think they have to because of who you are.
What if I hold this position and I am falsely accused?
Florida statute 794.011(10) makes it a crime to falsely accuse a government official of this type of crime. Under the statute, any person who falsely accuses any person who holds the position of law enforcement, elected official or position of control or authority as an agent or employee of government is guilty of a felony of the third degree, punishable by five years in prison.
If you are an officer accused of sexual battery, or if you have been charged with falsely accusing an officer of sexual battery it is important to retain counsel immediately!! These types of crimes usually receive a lot of press and the State can feel pressure to pursue charges. Make sure to protect your rights! Contact aggressive and experienced attorneys to assist you in your fight!
At Finebloom, Haenel & Higgins we understand this is a hard charge to discuss with counsel. Our compassionate and competent attorneys are ready to help you! Call us now at 1-888-424-7777. Attorneys of our defense team are available 24/7 to explore options with you.
SECOND DEGREE FELONY CHARGES
Sexual Battery on a Person over 12 Years of Age
The capital, life and first degree felony offenses are the most serious of the sexual battery offenses. But they are not the only charges available. Florida statute 794.011(5) defines common sexual battery, or what most would identify as the usual “rape” statute. Florida 794.011(5) states that:
“A person who commits sexual battery upon a person 12 years of age or older, without that person’s consent, and in the process thereof does not use physical force and violence likely to cause serious personal injury commits a felony of the second degree. . .”
What does this mean?
This means if you have sex with a person who is older than 12, without that person’s consent, you can be guilty of sexual battery even if you don’t hurt them or threaten them.
How much time am I facing if I am convicted of this crime?
A second degree felony is punishable by up to 15 years in prison and a $10,000 fine.
Although this form of sexual battery is not seen as being as egregious or horrible as some of the other sexual battery charges, it is still a sex offense and you will still face all of the sanctions and stigmas associated with a sex offense conviction. So take it seriously!! If you are arrested for sexual battery – contact a professional defense attorney from Finebloom, Haenel & Higgins immediately! We are available 24/7 by calling 1-888-424-7777.
Unlawful sexual activity with certain minors
These days it is not unheard of for minors aged 16 to 17 to get involved with adults over the age of 24. Even if this relationship is consensual, the older adult can be prosecuted. Many of these crimes are reported when the minor becomes pregnant or when a parent becomes upset over the relationship.
However the relationship comes to the attention of law enforcement, it is probable that criminal charges will be filed. Florida statute 794.05(1) makes it illegal for a person 24 years of age or older to engage in sexual activity with a person 16 or 17 years of age. To do so is a second degree felony punishable by up to 15 years in prison!!
What is meant by sexual activity?
Under this statute, “sexual activity” means oral, anal, or vaginal penetration by, or union with, the sexual organ of another.
What if they consented?
Consent is not a defense for this statute.
What if we are married or if the minor already has a child by someone else before we have sex?
Then the statute may not apply. You should discuss this defense with your attorney.
What if the minor has had sex with other people or is known for sleeping around?
It doesn’t matter. Florida statute 794.035(3) specifically states that “the victim’s prior sexual conduct is not a relevant issue in a prosecution under this section.”
What if the minor gets pregnant?
In addition to being prosecuted under the criminal charge, you must pay child support pursuant to the child support guidelines described in Florida Statute Chapter 61.
Relationships that lead to sexual conduct that can be prosecuted under this section happen quite often. If you have been accused of sleeping with a minor 16 to 17 years of age and you are over the age of 24, contact an attorney with experience in these matters. To do otherwise could cost you 15 years in prison! Protect your rights with the professional representation of Finebloom, Haenel & Higgins. Calling 1-888-424-7777 anytime connects you with an aggressive attorney who will fight for you!
FAMILY OFFENSES
There are situations that arise today where parents, step-parents, foster parents or other guardians have sexual relationships with the person in their care, or attempt to do so. This is seen as being an important social issue in today’s society. In a time when we want children to feel safe at home, it is disturbing to think that the sanctity of parental trust would be broken. To protect children from this type of abuse, Florida statute 794.011(8) specifically addresses sexual conduct on a child by a parent, step-parent or guardian.
The first portion of this statute reads:
“Without regard to the willingness or consent of the victim, which is not a defense to prosecution under this subsection, a person who is in a position of familial or custodial authority to a person less than 18 years of age. . .”
This makes it clear that consent is not a defense under the statute for any of the listed crimes.
So what activities are illegal?
- Soliciting the minor to engage in any act which would constitute sexual battery
- “Soliciting” means to ask. This means asking the minor to engage in sexual relations with you or another person is illegal.
- If you are convicted, it is a third degree felony punishable by up to five years in prison
- Engaging in any act with that person while the person is 12 years of age or older but less than 18 years of age which constitutes sexual battery
- If you are convicted it is a first degree felony, punishable by up to 30 years in prison
- If while you are engaging in any act with a person less than 12 years of age that is considered to be sexual battery, OR
- if you attempt to commit sexual battery on a person under 12
AND
- while doing so you injure the sexual organs of the person under 12
- You commit a capital or life felony, punishable by life without parole.
Any time the phrase “sexual battery” is used under this statute it means “oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object. . .”
What does this mean in plain English?
If you are a parent, stepparent, guardian or if you have any type of familial control over a child and you have any type of sexual contact with them, you will go to prison. If you even ask them to have any type of sexual contact, you will go to prison.
These accusations often occur in families. If you are accused it is important that you contact an experienced sex crime lawyer immediately! The defense team of Finebloom, Haenel & Higgins is waiting at 1-888-424-7777 to discuss how you can take on the state 24/7. Let our attorneys explain how our experience can assist you!
GENITAL MUTILATION
America is a mix of blended cultures. We have many people who emigrate here from many places around the world everyday. Some of these cultures bring with them practices that are not acceptable here in America. One of these is female genital mutilation.
Florida Statute 794.08 makes it illegal to circumcise or mutilate, or attempt to circumcise or otherwise mutilate the female genitalia of a girl under the age of 18. To do so is a first degree felony punishable by up to 30 years in prison.
It is also a crime to knowingly remove, or cause or permit the removal of, a female person younger than 18 years of age from this state for purposes of committing female genital mutilation. If you are convicted of this crime, you face a second degree felony punishable by up to 15 years in prison.
If you are a parent, a guardian, or in a position of familial or custodial authority and you consent or permit this type of mutilation to a female younger than 18 years of age you commit a third degree felony punishable by up to 5 years in prison.
This particular type of procedure is done as a matter of course in some cultures. But even if it is allowed in other places or acceptable in other places, it is still illegal here in Florida. Under this statute it does not matter if the person under the age of 18 consents or if the parent, guardian, or person who is in a position of familial or custodial authority consents to having the procedure done. It is still a crime and you can still be prosecuted to the fullest extent of the law for carrying it out.
If you are accused of female genital mutilation, call Finebloom, Haenel & Higgins at 1-888-424-7777 anytime 24/7. Let our attorneys discuss and explore options with you!
ENHANCED OFFENSES
There are some circumstances that allow the State to enhance your charge or ask for a more severe punishment than what is listed in the statute. Some of these circumstances are listed below:
Sexual Battery by Multiple Offenders
If you are convicted of sexual battery, and it is found that you committed the crime with another person or multiple other people, your charge can be reclassified to provide for a greater offense. This is because we as a society feel that sexual assault is wrong, but to have the assault committed by more than one person is extremely intolerable. In fact, Florida statute 794.023 states:
“The Legislature finds that an act of sexual battery, when committed by more than one person, presents a great danger to the public and is extremely offensive to civilized society. It is therefore the intent of the Legislature to reclassify offenses for acts of sexual battery committed by more than one person. . . .”
How is the crime enhanced?
(a) A felony of the second degree is reclassified to a felony of the first degree.
(b) A felony of the first degree is reclassified to a life felony.
This can mean the difference between 15 or 30 years, or 30 years or life!! If you are accused of committing a sexual battery with one or more people, you need to contact an attorney at once!!! The State will not hesitate to try to get the group to turn on each other. Competent representation means the difference between first choice and no choice! Call our defense team today at 1-888-424-7777. Let our experience work for you!
Mandatory Sentencing for Dangerous Sexual Felony Offenders
One of the commonly discussed factors of any prison sentence is gain time. Florida statute 794.0115 designates that certain offenders can’t receive gain time if they meet certain guidelines that label them as “Dangerous Sexual Felony Offenders”.
What is the criteria for a Dangerous Sexual Felony Offender?
Under the statute anyone who is 18 years o age or older, who is convicted of a sexual crime or a crime of any similar offense, who is found to have also:
(a) Caused great bodily harm or pain, permanent disability, or permanent disfigurement to the victim as a result of the commission of the offense;
(b) Used or threatened to use a deadly weapon during the commission of the offense;
(c) Victimized more than one person during the course of the criminal episode applicable to the offense;
(d) Committed the offense while under the jurisdiction of a court for a felony offense under the laws of this state, for an offense that is a felony in another jurisdiction, or for an offense that would be a felony if that offense were committed in this state; or
(e) Has previously been convicted of a sexual crime or a crime of similar offense
What happens if I meet the criteria?
If you meet the criteria you can be labeled a dangerous sexual felony offender, who must be sentenced to a mandatory minimum term of 25 years imprisonment up to, and including, life imprisonment.
What happens to my gain time?
You don’t get any gain time if you are designated a dangerous sexual felony offender. You are also not eligible for any form of discretionary early release, other than pardon or executive clemency, or conditional medical release.
These enhancements are very serious! If you have prior convictions or if you feel you may meet the criteria of being a Dangerous Sexual felony Offender contact an attorney immediately! This is a very serious matter and you will need expert representation to protect you. Call an experienced defense attorney at once if you are placed in this unfortunate situation! Our team is available 24-7 when you call 1-888-424-7777. Let Finebloom, Haenel & Higgins to fight your case today!
COMMONLY ASKED DEFENSE QUESTIONS
What if the person has a history of having sexual relations with me or others in the past? Can I bring that up as a defense?
Possibly. There are many evidence rules that apply to what a defense attorney can ask a witness in a sexual battery case. Sometimes they can ask these types of questions and sometimes they can’t. it depends on the particular case. But this type of information is not always allowed to be introduced to the jury. So it is important to discuss this with your attorney.
What if the person consented? Can I bring that up?
It depends on the age of the victim. If the victim is under 12, it really does not matter if they consented or not. It isn’t a defense.
What if I have been accused or convicted of sexual battery in the past. Will the jury hear that?
There are evidence rules that allow the State to introduce prior sexual crimes in your trial whether you were convicted or not. If you have past accusations, it is important to tell your attorney so they can work to exclude this information from being presented to the jury.
What if all they have is hearsay? Is hearsay allowed at my trial?
In sexual battery cases there are rules that allow certain types of hearsay to be admitted, especially if the victim is under the age of 12. An experienced trial lawyer who has defended sexual battery defendants in the past can fully explain the hearsay exceptions to you and create a plan of action to address the statements.
What about gain time? How much time will I really do for my sentence?
Florida statute 794.011(7) controls the “Junny Rios-Martinez, Jr. Act of 1992.” Under this provision, a person who is convicted of committing a sexual battery on or after October 1, 1992, is not eligible for basic gain-time. So you will do day for day.
What if I am mistaken about the age of the victim?
Florida statute 794.021 says that for a sexual battery charge, mistake or ignorance of a person’s age is not a defense.
How do I contact an attorney?
At Finebloom, Haenel & Higgins you don’t just get an attorney, you get a defense team. You can call and explore options with us 24/7 when you call 1-888-424-7777. Let our team fight your case for you!
