Under Florida law, Sexual Battery is defined under Section 790.011, Florida Statutes.
Sexual Battery is one of the most difficult charges to defend and resolve. Most often, these cases are brought and aggressively prosecuted based on the mere word of an alleged victim. In many cases, the State does not have any physical evidence (DNA, injury) to show a jury. In addition to the severe penalties applicable to these cases, defendants suffer extraordinary social humiliation as well as lifelong consequences that stretch beyond the criminal case itself. Contact Sex Crimes Defense Attorney Grant Schwarz immediately at 855-776-6669 if you are accused of committing a Sexual Battery in Florida.
Many times, before an arrest is made, the police will want to take a potential Defendants statement. A sex crimes detective will reach out and say that someone has made a complaint, and that the police want to hear the story from the Defendants perspective. If you are contacted by a sex crimes detective, Contact Sex Crimes Defense Attorney Grant Schwarz immediately at 855-776-6669. A detective will do everything in his/her power to intimidate you and get you to confess to a crime. If you are being contacted by a detective it is important that you protect your rights. Do not speak to the police before speaking to Criminal Defense Attorney Grant Schwarz.
What is Sexual Battery Under Florida Law?
Sexual Battery means:
- Any nonconsensual 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 are the Penalties for Sexual Battery in Florida?
In Florida Sexual Battery can be charged a number of different ways, and create different results.
A potential sentence for Sexual Battery could be Life in Prison, can include minimum mandatory sentences which can even include a Mandatory Life Sentence. Contact Sex Crimes Attorney Grant Schwarz to discuss the facts of your case and what is your potential exposure.
Defense to Florida Sexual Battery
1) Consensual Sex
Consent is a defense to the charge of Sexual Battery. The consent must be intelligent, knowing and voluntary in order for the consent to be valid. However, simply saying that the sex was consensual is not the end of the defense. There are certain situations where consent will not be deemed valid.
- Allegations that consent was gained through coercion or threats.
- Contact with sexual organs done with an Object for Bona Fide Medical Purpose.
Contact Attorney Grant Schwarz to begin building a Defense and Protecting your Rights for your Florida Sexual Battery Charge.