One of the most serious of all sex crimes is sexual battery by more than one defendant, more commonly referred to as gang rape. Sexual battery is defined in the Florida Statutes Chapter 794 as any “oral, anal, or vaginal penetration of another by any other object or by the sexual organs of another person without consent”. This excludes any act done for a medical purpose. Sexual battery is a severe crime that carries a mandatory prison sentence. When sexual battery is performed by more than one defendant, those penalties are significantly increased.
Penalties of Sexual Battery by More Than One Defendant
An act of sexual battery by more than one defendant, according to Florida Legislature, is considered to be a greater risk to the general public. Therefore, the penalties for committing this sex crime are substantial.
When more than one person commits sexual battery with the same victim, the following occurs:
- A felony of the second degree is then reclassified to a felony of the first degree
- A felony of the first degree is then reclassified to a life felony
- Life felonies or capital felonies are not increased