Sexual battery is the act of an unwanted form of sexual contact without the consent of the victim. This act can be committed while the victim is fully clothed or in the nude. It doesn’t always have to involve penetration. If there is any kind of unwanted sexual contact whether it’s from intercourse or touching, it is sexual battery.
Florida Statute 794.005
Legislative findings and intent as to basic charge of sexual battery.–The Legislature finds that the least serious sexual battery offense, which is provided in s. 794.011(5), was intended, and remains intended, to serve as the basic charge of sexual battery and to be necessarily included in the offenses charged under subsections (3) and (4), within the meaning of s. 924.34; and that it was never intended that the sexual battery offense described in s. 794.011(5) require any force or violence beyond the force and violence that is inherent in the accomplishment of “penetration” or “union.” History.–s. 2, ch. 92-135.
Lack of Consent
The moment consent is removed from a sexual act it becomes a sex crime. There are different ways that someone can deny consent. Consent doesn’t have to always be verbal. If the individual pushes you away, shakes their head no, screams in fear, or does anything that indicates they don’t want it, you do not have their consent.
In addition, sex with the following people is criminal if they do not have the capacity to knowingly consent:
- a developmentally disabled person
- someone who is mentally ill, and
- a person who is incapacitated – drugged, drunk, or unconscious – or otherwise physically helpless
In 2007, the Romeo and Juliet law was created. The law states the age of consent for minors and what violates it. Under this law, the partner cannot be under the age of 14. There also cannot be an age gap more than four years when the sexual act is committed. There needs to be consent from both parties when it comes to being engaged sexually. Violating this would result in a statutory rape charge.
Sexual battery is a felony offense and can lead to being labeled as a sex offender. Once registered, a sex offender would have to have their name, address, and criminal history available to the public. They will not be able to live in certain areas or have certain jobs. Depending on the age of the victim, the penalties may vary. If the offender is older than 18 and the victim is younger than 12, then the offender can serve life in prison or a minimum of 25 years. If the offender is older than 18 and the victim is older than 12 then the maximum sentence is 40 years.
If you or a loved one is being charged with sexual battery in the Orlando, FL area, you need to call Smith & Eulo right away! We are open 24/7 and ready to hear your side of the story and formulate a defense specifically tailored to your case.
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*Additional Orlando Florida & Orange County Legal Resources