Sex Offenses

 

SEXUAL BATTERY (RAPE)

In Florida, the crime of rape is referred to as sexual battery. Under Florida Statute 794.011, the crime of sexual battery means “oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object; however, sexual battery does not include an act done for a bona fide medical purpose.”

PENALTIES

Sexual Battery penalties are determined by the age of the victim, offender, and the presence of aggravating circumstances. Regular sexual battery is punishable as a second-degree felony by:

1. Up to 15 years in prison; or

2. Up to 15 years of probation; and

3. $10,000.00 fine

Additional conditions may include:

  • Sex offender probation

  • Registration as a sex offender or sexual predator

  • No gain time while in prison

DEFENSES

Different defenses are available depending on the facts of the case, however, not every case will have a defense. The defenses can be legal or factual in nature such as:

  • Consent;

  • False allegations;

  • Misidentification.

Lewd & Lascivious Molestation

In Florida, the crime of rape is referred to as sexual battery. Under Florida Statute 794.011, the crime of sexual battery means “oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object; however, sexual battery does not include an act done for a bona fide medical purpose.”

PENALTIES

Sexual Battery penalties are determined by the age of the victim, offender, and the presence of aggravating circumstances. Regular sexual battery is punishable as a second-degree felony by:

1. Up to 15 years in prison; or

2. Up to 15 years of probation; and

3. $10,000.00 fine

Additional conditions may include:

  • Sex offender probation

  • Registration as a sex offender or sexual predator

  • No gain time while in prison

DEFENSES

Different defenses are available depending on the facts of the case, however, not every case will have a defense. The defenses can be legal or factual in nature such as:

  • Consent;

  • False allegations;

  • Misidentification.


Charged with A sex offense? Contact us today.

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