Monday 10th December 2018,
Grm Law Firm

Sexual Battery and Rape Charges in Orlando, Florida

Sexual Battery and Rape Charges in Orlando, Florida

In Florida, sexual battery and rape crimes are taken very seriously. This is the reason these crimes are aggressively prosecuted, and penalties are severe. Understanding the definition of each of these crimes can help you, the defendant, learn about the right way to proceed with your case.

The Florida Statute 794.011 states that sexual battery is having consensual sexual contact with someone with his or her defendant’s sexual object or organ. Note that this is the basic definition of sexual assault and some circumstances may make this crime aggravated. This heightens the possibility of harsh penalties of the crime.

Aggravated sexual battery

You can be charged with an aggravated sexual battery crime when the elements of a sexual battery offence are met in addition to aggravating event occurring. Such aggravating conditions include when the sexual battery victim is taken advantage of because of mental impairment, and the defendant is aware, the victim is physically helpless and can’t resist, the victim is unknowingly drugged, or the victim is physically incapacitated.

Other aggravating circumstances include the victim being threatened with acts of violence, retaliation against their loved ones, and other similar threats. Aggravating conditions can also arise when you (defendant) are a law enforcement officer, a person in authority (or control over the victim) or a government agent. If you are facing aggravated sexual battery charges, it’s advisable to hire a reliable Orlando sex offense lawyer to help you build a strong defense.

Florida also has other sexual battery statutes. You can be charged with a sexual battery on a kid under the age of 12 if the basic elements of sexual battery are met and involves a child under the age of 12. If you threatened to use a deadly weapon, you would be charged with crimes of sexual battery with a deadly weapon.

Penalties

The penalties that an offender faces depends on whether aggravating circumstances existed and the age of the victim. If the victim is over 18 years, the offender will face a maximum of 30 years imprisonment, $10,000 fines, and 30 years of probation. Life parole is possible too. Note that Florida State uses a minimum statutory sentence.

For all cases related to the sexual battery on a someone who is 18 years or older, the minimum set sentence is 34.5 months. Sexual battery on a minor is a felony crime. The maximum sentence associated with this crime is life imprisonment and $10,000 in fine. Sometimes, life parole is possible. This crime is considered a capital offence if the victim is someone under the age of 12. In this case, the defendant will face life imprisonment with no parole.

If your sexual battery involves aggravating circumstances, you are likely to face life imprisonment, a maximum of $10,000 in fines, and a possibility of life parole. All these offences require you (the defendant) to register as a sex offender. Remember, you cannot petition your name to be removed from the federal or state sex offender registries if you are convicted of sexual battery.

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