In Florida, engaging in non-consensual sexual encounters with a date is considered to be a crime. This includes sexual encounters through force and unwanted sexual contact as well. Date rape can occur in any number of situations. Many believe that date rape only occurs between strangers on a first date, but this is not true. Date rape can occur in a long-term relationship that has lasted months or even years. Date rape can occur almost casually, without warning, or can be the result of a rejection of the offender’s sexual advances.
Date Rape Charges in Florida – 794.011(1)(h)
In Florida, date rape is considered sexual battery and is a level eight offense under Florida‘s criminal punishment code. Rape or sexual battery is charged as a second-degree felony. Although the term “date rape“ is not used in the Florida criminal statutes, it is a term used to describe an active sexual battery that occurs while the victim was either in a potentially romantic relationship or was in a romantic relationship with the accused. Date rape is a type of “acquaintance rape.“
According to Florida statute 794.011(1)(h), sexual battery is any non-consensual “anal, oral, or vaginal penetration by, or in union with a sexual organ of another person or the vagina or anal penetration of another person using some other object.“
Whatever the relationship between the defendant and the victim, sexual battery will be charged as harshly as if the victim and the defendant we’re complete strangers. In other words, the severity of the offense does not change depending on the relationship between the victim and the defendant. In the state of Florida, the facts and circumstances of the sexual battery can affect the penalties and punishments that the defendant will face.
Sexual battery in the state of Florida is a second-degree felony punishable with up to 15 years in prison, up to 15 years of probation, and a fine of up to $10,000. Sexual battery is unique amongst many other criminal offenses because the mere allegations can result in sanctions at a university or college, damage your private reputation, and limit your job opportunities.
If any of the following aggravated and extenuating circumstances occurred during the commission of sexual battery, the punishments and penalties the defendant will face will be enhanced:
- The victim was under age
- The perpetrator used a deadly weapon
- The victim is physically or mentally incapacitated
- The defendant is a corrections officer or a member of law-enforcement or any other position of authority
- The defendant used violence
- The defendant drugged the victim
- The defendant took advantage of an intoxicated victim