Seminole Sexual Battery Lawyer
Florida doesn’t use the term “rape.” Instead, the state’s sexual battery law covers any nonconsensual sexual penetration. Anyone accused of sexual battery should quickly hire an experienced lawyer. In this climate, it is likely that other people will believe any accusation against you, so you must prepare to mount a strong defense. Call The Reep Law Firm today to speak with our Seminole sexual battery lawyer.
A Closer Look at Sexual Battery
By definition, sexual battery is nonconsensual. Consent must be voluntary, knowing, and intelligent. Furthermore, a minor cannot consent, no matter how willing they appear.
Sexual battery includes any penetration of the mouth, anus, or vagina with a sexual organ, or penetrating of the anus or vagina with another object or body part. Rape is a classic example, but sexual battery also includes penetrating a vagina or anus with a pencil, pen, or finger.
Sexual battery carries severe penalties. At a minimum, sexual battery is a second-degree felony, which can send a first-time offender to prison for up to 15 years.
However, sexual battery can have enhanced penalties depending on the victims’ age or the defendant’s actions:
- Battery against a child under the age of 12. This is a crime which carries a life sentence.
- Battery using weapons. If the victim is 12 or older, then a defendant can still face a life sentence if they use or threaten deadly force, or if they use actual force which could cause serious bodily injury.
- Battery of a vulnerable victim. Some adult victims are vulnerable because they are incapacitated or have a mental impairment. The defendant can face a first-degree felony for sexually battering a vulnerable victim.
A defendant’s criminal history matters, too. Some defendants can face enhancements as dangerous sexual felony offenders, which can result in a mandatory minimum 50-year sentence. That might mean never getting out of prison for the remainder of the defendant’s life.
Can We Defend Against Sexual Battery Charges?
The best defenses are supported by the factual record. We might raise any of the following defenses:
- Alibi witness. Maybe you weren’t even at the scene of the rape. Someone else committed the offense. Mistaken identity is common when assault happens at night or the victim is very young or drunk.
- This is not a defense when a minor is a victim. However, we can raise consent when the victim is an adult. Let’s review text messages and other evidence which show how the alleged victim acted in the lead up to the incident, as well as after.
- No aggravating factor. You might face a first-degree felony charge on the grounds that the victim was incapacitated, but the state might not have the evidence to prove that fact. We can seek reduced charges.
- Unreasonable search or seizure. The police must not infringe your constitutional right to be free of unreasonable searches and seizures. We can ask a judge to dismiss evidence if the state violated your rights.
Reach Out for a Confidential Meeting with Seminole Sexual Battery Lawyers
Our Seminole sexual battery lawyer is standing by to help in any way possible. You owe it to yourself to get a professional legal defense.
