If you have been charged with aggravated sexual battery then you may have a defense. Consent and false accusation are defenses that are oftentimes successful when fighting sexual battery cases. Even if you don’t think you have a defense, you should always speak to an attorney to make sure you have a full understanding of how the law applies specifically to your case. If you want to know more about consent and false accusations, or if you want to speak to a lawyer about how to beat your sexual battery case in Florida, contact Matthew Williams now for a free consultation.
Sexual battery in Florida is defined under Florida Statute 794.011. A person commits the crime of sexual battery when they have non-consensual oral, anal, or vaginal contact with another person using their sexual organ or an object. Aggravated sexual battery is committed when a person has oral, anal, or vaginal contact with another person using their sexual organ under an aggravated circumstance.
Aggravated circumstances are:
- The victim is physically helpless to resist
- The victim is coerced into submission by threats of force or violence likely to cause serious personal injury and the victim reasonably believed the present ability to execute the threat.
- The victim is coerced into submission by threats to retaliate against the victim, or any other person, any the victim reasonably believed that the offender has the ability to execute the threat in the future.
- The victim is unknowingly and without consent drugged so that they are mentally and physically incapacitated.
- The victim was taken advantage of due to a known mental defect.
- The victim is physically incapacitated.
- The offender is a law enforcement officer, correctional officer, or correctional probation officer, or any other person in a position of control or authority, or a person reasonably believed to be in a position of control or authority as an agent or employee of the government.
Aggravated sexual battery on a victim over 18 is a first-degree felony, meaning you can be sentenced to up to 30 years in prison, or up to 30 years on probation and up to $10,000 in fines (you can also be sentenced to a jail or prison sentence followed by probation but the total length of the sentence cannot exceed 30 years).
Aggravated sexual battery on a victim between 12 and 18 is a life felony, meaning you can be sentenced to up to life in prison, or up to life on probation and up to $10,000 in fines (you can also be sentenced to a jail or prison sentence followed by probation but the total length of the sentence cannot exceed life).
Sexual battery with a deadly weapon is a life felony, meaning you can be sentenced to up to life in prison, or up to life on probation and up to $10,000 in fines (you can also be sentenced to a jail or prison sentence followed by probation but the total length of the sentence cannot exceed life).
Criminal convictions, especially convictions for sexual battery, carry severe consequences and can never be removed from your criminal record. If you are convicted of sexual battery you will be required to register as a sexual offender or predator, you will face mandatory prison time and will not be eligible for any sort of gain time during your prison sentence. You will also lose your right to vote, your right to own firearms, and your ability to maintain certain business licenses. You can also lose your ability to receive financial aid, your ability to live in certain places and your ability to obtain a passport.
If you need an attorney who will advise you, fight for your rights, and do everything possible to protect your future, or if someone you know has been charged with sexual battery in Florida, then contact Matthew Williams now for a free consultation.