Sexual battery, defined as the “oral, anal, or vaginal penetration by the sexual organ of one person or by an object into the sexual organs of another person without their consent,” is considered one of the most atrocious crimes a person can commit. The penalties for committing this sex crime are severe. The mere accusation of capital sexual battery is enough to ruin your personal life, your professional relationships, and your reputation.
Penalties for Capital Sexual Battery
According to Florida Statute 794.11, anyone 18 years of age or older who commits sexual battery against a person 12 years of age or younger, or who injures the sexual organs of a child under the age of 12 by attempting to commit sexual battery, is guilty of capital sexual battery. If convicted of capital sexual battery in the State of Florida, the sentence ranges from life imprisonment without parole to death by electrocution or lethal injection.
Possible Defenses against Charges of Capital Sexual Battery
A seasoned Florida sexual battery attorney can thoroughly investigate all angles of your case and fight to have your charges reduced or even dismissed.
In some cases, the following may be used in your defense:
- Police misconduct
- Violation of your constitutional rights
- Language barriers
- False testimony
Capital sexual battery is often proven solely on the testimony of the victim. In many cases, children can be coerced into falsely testifying by a vindictive parent or guardian. Additionally, children often do not remember incidents exactly the way they occurred, and details may be unclear, even falsified under a family member or the prosecution’s direction.