By Olivia Wathne, Esq. | Legally reviewed by FindLaw Staff | Last reviewed September 02, 2024
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Florida's sexual battery laws address and penalize non-consensual sexual acts with severity and precision. These laws define sexual battery (rape or sexual assault) as a range of offenses that involve the unlawful sexual contact or penetration of another person.
The statutes cover various degrees of severity, from touching or fondling to more serious acts involving penetration. Florida's legal framework aims to protect victims' rights while ensuring a fair and just legal process. Understanding these laws is crucial for victims seeking justice and defendants.
To prove a crime of sexual battery in the state of Florida, a prosecutor must establish each element as defined by state law. According to Florida's laws, the prosecutor must prove that the defendant engaged in oral, vaginal, or anal penetration of the victim with a sexual organ or another object. Or, the prosecutor must prove that there was union by the defendant's sexual organ with the victim's mouth, vagina, or anus.
If the victim is under 12 years of age, the prosecutor does not need to prove the victim's lack of consent. The victim's young age presumes non-consent. For victims over 12, the prosecutor must show that the sexual act happened without the consent of the victim. Under Florida law, it is enough to show a lack of consent. The prosecutor does not need to prove that the victim resisted or protested.
| Statute | Florida Statutes Title XLVI. § 794.005, et seq. |
|---|---|
| Statutory definition of sexual battery (rape) | According to Florida Statute 794.011, sexual battery is 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, without the other party's consent or capacity to give consent. But, sexual battery does not include an act done for a bona fide medical purpose. |
| Statutory definition of consent | Intelligent, knowing, and voluntary consent and does not include coerced submission. “Consent” shall not be deemed or construed to mean the failure by the alleged victim to offer physical resistance to the offender. |
| Sexual battery offense: classifications, sentences, and penalties |
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| Florida sex offender registry | Those convicted of sexual battery must register as sex offenders with the Sex Offender/Predator Registry. |
| Defenses | Voluntary consent given by the victim Note: Florida state laws prevent the use of certain defenses in a case of sexual battery. Specifically, the defendant cannot use the victim's "unchastity" or discuss the victim's prior sexual conduct. In cases where the victim's age affects the criminal charges, mistake or lack of knowledge of the victim's age cannot serve as a rape defense. |
Note: State laws are constantly changing — please contact a Florida criminal defense attorney or conduct your own legal research to verify the state law(s) you are researching.
The sexual battery court process in Florida involves several critical stages. It begins with an arrest and arraignment, where the accused faces formal charges and enters a plea. The process then advances to pre-trial motions and discovery, during which the prosecution and defense exchange evidence and address legal issues. In the trial, the prosecution must prove the crime of sexual battery beyond a reasonable doubt, while the defense has the opportunity to challenge the evidence and present its case.
For those convicted, the sentencing phase can impose severe penalties, including life imprisonment for the most serious offenses. But judges also set minimum sentences based on the severity of the crime. Appeals may follow if there are grounds to contest the trial's outcome or procedural errors.
Florida takes sexual battery, or rape, extremely seriously. In some rare cases, those convicted of rape may even face the death penalty or life in prison. You should seek legal representation if someone has charged you with this crime. Get started today with legal advice from a Florida criminal defense lawyer near you.
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