Sexual assault is defined as forcing unwanted sexual behavior on another and is considered a felony offense. Depending on the details of your charges, your penalties may be more or less severe.
Sexual assault can take many forms. Consequences and penalties will greatly vary depending on the specific circumstances of a crime. If a minor was sexually assaulted, the penalties will jump in severity.
The following are examples of different forms of sexual assault:
- Forced, non-consensual sexual activity
- Inappropriate and uninvited touching
- Uninvited fondling, kissing, exposing genitalia, exhibitionism, and voyeurism
- Purposefully exposing a minor to pornography
- Directing suggestive sexual statements or demands toward a child or adult
- Manipulating unwanted sexual activity from a position of trust
- Incest
- Various forms of sexual harassment
A minor’s consent in any of these situations will not hold up in court. These offenses are aggressively prosecuted by law enforcement in Florida and can result in lifelong damages, especially if you are charged and convicted as a repeat sexual assault offender.
Penalties for Sexual Assault
Direct penalties for sexual assault may include felony charges, time in prison, fines, and mandatory registration as a sex offender. Indirect penalties could be difficulty finding employment, difficulty maintaining personal relationships, difficulty obtaining housing, and more.
Take a look at possible penalties for convictions of sexual assault:
- A minimum second degree felony charge
- 10 -15 years of incarceration
- A $10,000 fine
- Mandatory registration as a sex offender
These consequences could destroy life as you know it. In order to fight against these allegations, it is crucial to get the assistance of a skilled Florida sexual assault attorney.
Fighting Sex Crimes Allegations In Florida
How Does Florida Define Sexual Assault?
The legal term “sexual assault” comprises many types of abuse, including rape, sexual harassment, and molestation. Unfortunately, most sexual assaults are perpetrated by someone who the victim knows, such as a co-worker, family member, colleague, or friend who they know and trust.
Types of Sexual Assault:
- Attempted rape
- Sexual harassment
- Rape
- Non-consensual physical touching
- Coercing a victim into touching the perpetrator or engaging in sexual activity
- Using force or violence in a non-consensual sexual context
- Sexual acts committed while a victim was unable to give consent
- Unwanted sexual advances
- Statutory rape
Sexual assault also includes sexual intimidation, such as threatening to commit an unwanted sexual act against a victim, stalking, indecent exposure. Sexual assault can transpire with a romantic partner, such as a partner or a spouse.
Sexual Assault Battery Penalties
In Florida, sexual assault is typically charged as a felony crime, with significant punishments if convicted, including a life prison sentence or the death sentence depending on the circumstances of the crime. Having a Florida sexual assault lawyer who knows the elements of the charged offense, potential penalties, and how overzealous prosecutors can improperly bring criminal charges is essential in providing a powerful defense.
Sexual Battery Definition & Penalties
Rape, date rape, and other types of sexual assault offenses have all been grouped under Florida Statutes section 794.011. Sexual battery is defined as the union or penetration of an individual’s sexual organ with the vagina, mouth, or anus of someone else or penetrating another’s vagina or anus with an object. The conduct must be proven and non-consensual. Any form of sexual contact with a child under the age of twelve years old is automatically deemed non-consensual.
Capital Felony Sexual Assault – If the defendant is 18 or older and the victim is under 12, the crime is charged as a “capital felony,” which means the defendant could be given the death penalty if found guilty.
Life Felony Sexual Assault – If the defendant is under 18 and the accuser is younger than 12 years old, the criminal offense is a “life felony,” which means the defendant could be sentenced to life in prison if they are found guilty. Sexual battery is also becoming a life felony when the defendant uses or threatens to use a deadly weapon or used physical force that could cause serious injury.
First-Degree Felony Sexual Assault – There are many situations in which sexual assault can be charged as a first-degree felony, with up to 30 years in prison.
Second-Degree Felony Sexual Assault – Sexual battery or assault is usually charged as a second-degree felony, which is punishable with up to 15 years in prison.
Individuals convicted of sexual battery are not qualified to receive a sentence reduction through gain-time in prison (time off for good behavior).
Statutory Rape Charges in Florida
According to Florida Statute Section 794.05, “Unlawful Sexual Activity with Certain Minors,” affirms that it is a crime for a person 24 years old or older to participate in sex acts with a minor who is 16 or 17 years old, even if the sexual activity was consensual. Statutory rape is a second-degree felony and carries a punishment of up to 15 years in prison. The statute also states that prior sexual conduct of the victim may not be used as part of a defense.
Florida Sexual Offender Registry
One of the serious and most difficult penalties for sexual offenses in Florida is having to register as a sex offender. Not everyone convicted of a sexual offense will be required to register. Florida prosecutes sexual crimes to the full letter of the law, and many defendants are required to register as sexual offenders.
It is crucial to speak with an experienced Florida sex crimes attorney immediately following the allegation, arrest or charge, investigation. Speaking with an experienced sexual assault attorney is the best step anyone can take to avoid a criminal conviction.
Sex Crime Charge Defenses in Florida
Sex crimes frequently lack other witnesses and are often hinge on the alleged victim’s testimony and forensic evidence. The following are some defenses against sexual assault allegations:
Pretrial Defenses – Defendants can fight against false accusations of a sex crime and try to avoid an indictment by presenting evidence to disputes the allegations such as psychological evaluations, polygraph test results, letters supporting the defendant’s character, proof that the alleged victim has made unfounded accusations in the past.
Defenses at Trial – Common defenses include an alibi (the defendant was not present at the time the crime was committed), mistaken identity by the alleged victim, or psychological issues that prevented the accused from understanding what he or she was doing. Forensic testing of DNA can also be used to prove a person’s innocence.
Affirmative Defenses – The accused admits to committing a sex offense but asserts that it should not be considered a crime due to certain reasons, such as the alleged victim consented to the sexual act or that the accused did not use force, threats of force, or even place the alleged victim under duress. An “affirmative defense” is not admitting to a crime but simply explaining why the offense might not be a crime.
What Are the Statute of Limitations for Sexual Battery in Florida
“Statute of limitations” are, in essence, filing deadlines. The victim of sexual battery only has a certain about of time to press criminal charges. However, in some cases, the statute of limitations does not exist, and a victim may file criminal charges at any time. The state of Florida and the federal government each have their own set of statute of limitations for criminal cases. In the state of Florida, their statute of limitations is based on the classification of the crime. So, the victim has your statute of limitations for a sexual battery charge will depend on the charges you’re currently facing. These time deadlines also apply to the prosecutor in the case. If the statute of limitations passes, the court will dismiss the charges.
The statute of limitations for sexual battery is listed as follows:
- Capital Felony Offenses have no statute of limitations or time deadlines.
- First-degree Felony – the prosecution is required to file charges against the accused within four years of the commission of the crime.
- 2nd- or 3rd-Degree Felonies -The prosecution must file charges within three years.
The statute of limitations in sexual battery cases could be terminated under certain factors that were present at the time of the crime. These factors include:
- First-degree Sexual Battery – If the victim was under 18 at the time of the assault, then there are no deadline or statute of limitations period for the prosecution.
- First or Second-degree Felony against a child who is 16 or older and the offense is reported within 72 hours after its commission, there is no limitations period.