Sexual Battery in the State of Florida

Dec 5, 2014 by

There are certain crimes that inflict severe harm to innocent victims so that, under both federal or state laws, these are considered serious offenses and are given very heavy punishments, like incredibly costly fines and many years of imprisonment (some are even given life sentences).

Examples of these serious offenses are treason or betrayal of one’s country (the most serious in the US), murder or the unlawful planned killing of another person, and sex crimes, such as rape, predatory sexual assault and, in some states, sexual battery.

Sexual battery, specifically, refers to any form of non-consensual or unwanted sexual contact or touching, without involving sexual intercourse or penetration (in some states it is otherwise called criminal sexual penetration, rape, sexual assault, child molestation or indecency with a child, if the sexual contact is done to a minor. This type of sexual crime is also most often committed by one person to someone who may be a relative, dating partner, classmate, neighbor, acquaintance, co-worker, friend, or even a spouse. While each state has its own statutes on sexual battery, the term/s used to refer to the crime also vary/varies from one state to another.

Contrary to what many think that sexual battery is motivated by sexual desire, the University of Florida Police Department explains instead that it is an aggressive attack and a violent crime with the aim of humiliating, hurting and controlling the victim through sex (used as a means or weapon). In Florida too, if the crime were committed by someone (over 17 years old) on a victim below 12, with the victim eventually sustaining injuries to the sexual organ as a result of the assault, then the crime is punished as capital felony, wherein the sentence can be life imprisonment or death.

It is punished as life felony (and punished with life imprisonment) under two conditions: first, if offender’s age is 17 or below and the victim is below 12 and suffers injuries to the sexual organ; and, if the victim’s age were 12 or higher, but physical force that caused serious injury was used to consummate the crime, or if the crime were committed through threats of the use or the actual use of a deadly weapon.

The state of Florida furthermore identifies different categories based on the circumstances of sexual battery committed on a victim aged 12 or older, such as if the offender used physical force or threatened the victim with acts of retaliation (like forcible confinement, false imprisonment, extortion, threats of kidnapping, and so forth), or if the victim were physically helpless, physically incapacitated or mentally incapacitated. Involving any of these circumstances, the offender will be charged with first degree felony wherein the punishment is 30 years imprisonment.

If accused of the crime of sexual battery, most especially in the state of Florida, where the crime is considered a highly serious offense, immediately contacting a Fort Walton Beach sex crimes lawyer is an absolute necessity for, besides being able to provide a very strong defense for the accused, he/she can also possibly gather more evidences that may prove the accused person’s innocence.

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