You’re probably very familiar with the term “rape,” which is commonly called “sexual assault.” Here in Florida, the offense of rape or sexual assault is called “sexual battery” under Section 794.011 of the Florida Statutes. Under Florida law, sexual battery refers to nonconsensual oral, vaginal, or anal penetration with the sexual organs.
In Florida, there are different penalties for sexual battery, primarily based on the age of the offender and the age of the victim at the time of the offense, whether the victim sustained a personal injury, and whether the offender used or displayed a deadly weapon while committing the offense.
Sexual Battery Against Minors
Under Sec. 794.011(2)(a) of the Florida Statutes, if an adult age 18 or older commits sexual battery against a child under the age of 12, or if the person injures the sexual organs of a child age 12 or under, in an attempt to commit sexual battery, the offender commits a life felony. It is also a life felony for someone to commit sexual battery on someone age 12 or older, without the victim’s consent, and to use physical force likely to cause a serious injury, or to use a deadly weapon, such as a knife or gun, during the illegal act.
If someone age 18 or older commits sexual battery on a child age 12 or older, but less than 18-years-of-age, without the minor’s consent, and while the child is unconscious or asleep, or otherwise physically unable to say “no” to the act, the offender commits a felony of the first degree.
Sexual Battery Against Victims Over 12 & Adults
A person who commits sexual battery against an adult victim who is 18 or older and physically helpless (e.g. asleep or unconscious), commits a felony of the first degree under Sec. 794.011(4)(b). Under Sec. 794.011(4)(d), it is a felony of the first degree for someone age 18 and older to commit sexual battery against a victim age 12 or older under any circumstances.
- A life felony is punishable by life imprisonment and possibly a fine.
- A felony of the first degree is punishable by up to 30 years in prison, or by a term not to exceed life in prison, and by a maximum fine of $15,000.
Facing sexual battery charges in Leesburg or anywhere else in West Lake County? If so, you are facing serious felony charges and you’re entire future is at stake. For the aggressive legal defense your situation demands, contact Attorney Jody Fisher today!