Defense of Port St. Lucie Sexual Assault
Rape is one of the most serious, yet prevalent, types of violent crime in Florida. In 2018, there were over 8,000 rapes throughout the state, according to the Florida Department of Law Enforcement. Rape, or sexual assault, is a serious felony, and if you have been arrested for sexual assault, you need to talk to an attorney immediately.
Definition of Sexual Battery
Sexual assault (or rape), which is termed sexual battery under Florida statute 794.011 is the offense of having nonconsensual sexual contact with another person. Sexual battery is nonconsensual oral, anal, or vaginal penetration with the sexual organ of the defendant, or the anal or vaginal penetration with any object used by the defendant. This statute also includes incapacitated people, whether they are in a coma or passed out from alcohol, as nonconsensual victims. An attempt to commit sexual battery is also a violation of this statute.
Aggravated Sexual Battery
Aggravated sexual battery involves an oral, vaginal, or anal penetration under the following circumstances:
- Victim is helpless to resist;
- Victim is coerced by threats of violence;
- Victim is coerced by threats of retaliation against the victim or others;
- Victim is drugged without their consent, or mentally or physically incapacitated;
- Victim had a known mental defect that was taken advantage of;
- Offender is a law enforcement officer or other person believed to have authority.
Capital Punishment Sexual Battery
If the defendant was 18 years or older during the sexual battery or attempted sexual battery offense, and the victim was less than 12 years old, the defendant will be charged with a capital felony, punishable by life in prison without the possibility of parole until at least 25 years served.
Life Felony Sexual Battery (Use of Deadly Weapon or Physical Force Likely to Cause Serious Injury)
The defendant will be charged with a life felony, punishable by up to life in prison, in the following circumstances:
- The defendant was under 18 years during the sexual battery or attempted sexual battery offense, and the victim was less than 12 years old; and
- The victim is 12 years or older and the defendant, of any age, uses a deadly weapon or actual physical force that is likely to cause serious personal injury.
First Degree Felony Sexual Battery
In the following circumstances, the defendant will be charged with a first degree felony, punishable by up to 30 years in prison:
- Defendant is 18 or older and the victim is 12 or older but younger than 18; and
- Victim is 12 years or older and the defendant has a prior conviction for kidnapping, indecent exposure, lewdness, human trafficking, child pornography, or false imprisonment of a child.
Second Degree Felony Sexual Battery
In the following circumstances, the defendant will be charged with a second degree felony, punishable by up to 15 years in prison:
- Defendant is 18 or older and the victim is 18 or older; and
- Defendant is under 18 and the victim is 12 or older.
Call an Experienced Criminal Defense Attorney Today
Whether you are being charged with aggravated sexual battery, sexual battery of a minor under 12, or sexual battery of an adult, you stand to spend well over a decade behind bars. You need to talk to an attorney at once. Reach out to the Port St. Lucie criminal defense lawyers with Baginski Brandt & Brandt today at 772-466-0707to schedule a free consultation.