Sexual Battery

If you have been arrested in the Orlando area for sexual battery in violation of Florida Statute 794.011, the defense team of Finebloom & Haenel is available to represent you!

Sexual battery is commonly referred to as rape. Basically sexual battery means a sex act was committed without a person’s consent. Sexual acts include:

1. oral, anal or vaginal penetration by a person; or
2. union with the sexual organs of another; or
3. penetration by use of an object.

There are several categories of sexual battery each with a varying degree of punishment. The categories are determined by both the age of the person arrested and the age of the victim. The categories are as follows:

1. The first, and most serious category of sexual battery is Florida Statute 794.011(2)(a) Sexual Battery by a Person Over the Age of 18 on a Person Under 12 Years of Age. If you are over the age of 18, and you are accused of having sexual contact with a child under the age of 12, it is a capital felony punishable by death.
1. Consent is not a defense
2. It doesn’t matter if you used a weapon or not, the crime is just as serious.

2. The second category of sexual battery is Florida Statute 794.011(2)(b) Sexual Battery by a Person Under the Age of 18 on a Person Under 12 Years of Age. If you are under the age of 18 and are accused of having sexual contact with a child under the age of 12, it is a life felony punishable by life in prison with no possibility of release (this only applies if the person under 18 is charged as an adult).

3. The third category is Florida Statue 794.011(3) Sexual Battery on a Person 12 Years of Age or Older (with a weapon or threat of a weapon or physical force likely to cause serious personal injury). If you are an adult, and you have sexual contact with someone over the age of 12 by use of force, it is a life felony punishable by a minimum of 30 years in prison.

1. To prove this charge, the State must show that you used some type of weapon such as a gun or knife, or that you threatened to use a weapon such as a gun or knife capable of causing serious personal injury.
2. “Serious personal injury” means great bodily harm or pain, permanent disability, or permanent disfigurement.

4. The fourth category of sexual battery is governed by Florida Statute 794.011(4) Sexual Battery on a Person 12 Years of Age or Older, without consent is a felony of the first degree punishable by up to 30 years in prison. This means if you force someone over the age of 12 to have sex with you under any of the following conditions:

1. When the victim is physically helpless to resist. “Physically helpless” means unconscious, asleep, or for any other reason physically unable to communicate unwillingness to an act.
2. When the offender coerces the victim to submit by threatening to use force or violence likely to cause serious personal injury on the victim, and the victim reasonably believes that the offender has the present ability to execute the threat. “Serious personal injury” means great bodily harm or pain, permanent disability, or permanent disfigurement.
3. When the offender coerces the victim to submit by threatening to retaliate against the victim, or any other person, and the victim reasonably believes that the offender has the ability to execute the threat in the future. “Retaliation” includes, but is not limited to, threats of future physical punishment, kidnapping, false imprisonment or forcible confinement, or extortion.
4. When the offender, without the prior knowledge or consent of the victim, administers or has knowledge of someone else administering to the victim any narcotic, anesthetic, or other intoxicating substance which mentally or physically incapacitates the victim.
5. When the victim is mentally defective and the offender has reason to believe this or has actual knowledge of this fact. “Mentally defective” means a mental disease or defect which renders a person temporarily or permanently incapable of appraising the nature of his or her conduct. “Mentally incapacitated” means temporarily incapable of appraising or controlling a person’s own conduct due to the influence of a narcotic, anesthetic, or intoxicating substance administered without his or her consent or due to any other act committed upon that person without his or her consent.
6. When the victim is physically incapacitated. “Physically incapacitated” means bodily impaired or handicapped and substantially limited in ability to resist or flee.
7. When the offender is a law enforcement officer, correctional officer, or correctional probation officer or is an elected official, or any other person in a position of control or authority in a probation, community control, controlled release, detention, custodial, or similar setting, and such officer, official, or person is acting in such a manner as to lead the victim to reasonably believe that the offender is in a position of control or authority as an agent or employee of government.

5. The last type of sexual battery charge is a violation of Florida Statute 794.011(5) Sexual Battery on a Person 12 Years of Age or Older (no violence or physical force). It is a second degree felony punishable by up to 15 years in prison. This basically means if you are over the age of 18, and you force someone over the age of 12 to have sexual relations with you without harming them or using a weapon, you can be found guilty of this offense.

Sexual battery charges are serious! In addition to the prison penalties, sexual battery convictions result in a loss of civil liberties such as the right to vote and the right to live in certain types of housing. Conviction of some sexual battery crimes can subject you to civil commitment proceedings under the Jimmy Ryce Act. In all cases you will be forced to register as either a sexual offender or a sexual predator. These designations can affect professional licensing and even visitation with your own children!

Do not delay in obtaining aggressive, experienced and understanding counsel. The team of professionals at Finebloom & Haenel know that the accusation alone can be overwhelming and have a strong impact on you and your family. You will need a strong defense team to protect your rights during this difficult and confusing time. Call us today at 407-218-6277. We are available 24.7 to discuss your options with you.