A charge for sexual battery is extremely serious and can spell unfortunate trouble for your future if convicted. In addition to registration as a sex offender, the stigma can affect your life long after the sentence has been fulfilled. It is critical to do everything in your power to combat these charges and preserve your future now. Remember, an arrest for a crime does not mean conviction will follow, especially if you have an experienced attorney at your side.
Tallahassee Sexual Battery Attorney
If you or a loved one has been charged with sexual battery, no matter the basis of the allegations, it's important to speak with a defense attorney immediately. Because of the serious nature of the alleged crime, you should speak with an attorney that is experienced in representing sex crimes in Tallahassee. With nearly 15 years in the Florida criminal justice system, including time spent as a law enforcement officer and prosecutor, defense lawyer Don Pumphrey, Jr. will be a strong asset to have at your side. Call (850) 681-7777 or send an online message to learn more about your legal options after a charge for sexual battery in Leon County.
Florida Sexual Battery Information Center
Sexual Battery under Florida Statute § 794.011
It is a capital felony offense, punishable by life in prison or death, for a person 18 years of age or older to commit sexual battery on a person under 12 years old and or injure the sexual organs of the victim in an attempt. However, if the offender is less than 18 years old, he or she has committed a life felony offense punishable by up to 40 years in jail or life.
A person who commits sexual battery on a child 12 years or older, without that person's consent, and uses or threatens to use a deadly weapon or force likely to cause severe personal injury has committed a life felony, punishable by life in prison or a term not exceeding 40 years imprisonment.
If there was no use or threat of a deadly weapon or severe force against the victim age 12 or older, the offender can potentially face a first degree felony offense, punishable by up to 30 years in prison and $15,000 in fines when:
- The victim was helpless to resist.
- The offender coerced the victim to submit by threatening to use force or violence to cause the victim severe physical injury and the victim believed the offender had the ability to execute the threat.
- The offender coerced the victim to submit by threatening retaliation against the victim or another person and the victim reasonably believe the offender had the ability to execute the threat in the future.
- The offender administered or had knowledge somebody else was administering narcotic, anesthetic, or other intoxicating substance which mentally or physically incapacitated the victim, without the victim's prior knowledge or consent.
- The offender had reason to believe or possessed actual knowledge that the victim is mentally defective.
- The victim is physically incapacitated.
- The offender is a law enforcement officer, correctional officer, correctional probation officer, or any other person in a position of control or authority in a probation, community control, controlled release, detention, custodial, or similar situation. This includes a person acting in a way to suggest to the victim that the offender is in a position of control, authority, or is a government employee. (A person who falsely accuses any of these individuals can face a third degree felony).
A person who commits sexual battery on a person 12 years old or older, without that person's consent, and in the process does not use physical force or violence likely to cause severe injury, has committed a felony in the second degree. This offense is punishable by up to 15 years in prison and fines up to $10,000.
A person who is in position of authority or custody to a person under 18 years old and:
- Solicits that person to engage in any act that would constitute sexual battery commits a felony of the third degree, punishable by up to 5 years in prison and up to $5,000 in fines.
- Commits sexual battery while the victim is over 12 year old and less than 18 years old commits a first degree felony.
- Engages in an act with a person less than 12 years old which constitutes sexual battery or attempts to commit sexual battery, damaging the sexual organs of the victim in the process is guilty of a capital or life felony.
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Unlawful Activity with Certain Minors
Under Florida Statute § 794.05, a person who is 24 years or older and engages in sexual activity with a person 16 or 17 years old is guilty of committing a felony in the second degree, punishable by up to 15 years imprisonment and fines up to $10,000. The victim's prior sexual consent is not a relevant issue to prosecution. This section does not apply to a person 16 or 17 years of age who has had the disabilities of nonage removed under chapter 743.
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Sexual Battery by Multiple Perpetrators
Under Florida Statute § 794.023, separate provisions are made for individuals found to have committed sexual battery to a victim with other offenders. The Florida state legislature found that acts of sexual battery present a great danger to the public and subsequently reclassified acts of sexual battery committed by more than one person.
A violation of Florida Statute § 794.011 is therefore reclassified if it is charged and proven by the prosecution that, during the criminal episode in question, more than one person was involved in committing an act of sexual battery on the same victim. A second degree felony will be reclassified to a first degree felony. A first degree felony is reclassified to a life felony. This section, however, does not apply to life or capital felonies.
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Definitions Related to Sexual Battery
Under Florida Statute § 794.011, "consent" is defined as intelligent, knowing and voluntary, and does not include submission that is coerced. However, the term does not mean failure by the alleged sexual battery victim to give any resistance to the offender.
"Sexual battery" means 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. This does not include acts done for legitimate medical purpose.
"Mentally defective" is defined as a mental disease or defect which renders a victim temporarily or permanently unable of judging the nature of his or her behavior.
"Mentally incapacitated," under this statute means being temporarily incapable of appraising or controlling a person's conduct because of 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.
"Physically helpless" means being unconscious, asleep, or being unable to communicate assent or dissent to an act for any other reason.
"Physically incapacitated" in this situation means being bodily impaired, handicapped, or otherwise severely imitated in the ability to resist or flee.
"Retaliation" under the Florida sexual battery statute includes threats of future physical punishment, kidnapping, false imprisonment or forcible confinement, extortion, and other acts.
"Serious personal injury" means severe bodily harm or pain, permanent disability, or permanent disfigurement.
"Victim" means the person who was the object of a sexual offense.
"Offender," in this situation, means a person accused of a sexual offense under Florida Statute § 794.011.
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Dangerous Sexual Felony Offender Act
Florida Statute § 794.0155 provides for certain mandatory punishments for individuals labeled as dangerous sexual offenders. This includes a person convicted of luring or enticing a child, sexual battery, lewdness, indecent exposure, lewd or lascivious acts committed on or in the presence of an elderly or disabled person, sexual performance by a child, selling or buying minors, or any other sexual offense. To receive the designation of a dangerous sexual felony offender, these sexual offenses must have been committed:
- By a person age 18 or older;
- Caused serious injury to the victim as a result of the offense;
- Used or threatened to use a deadly weapon during the offense;
- Victimized more than one person in the course of the criminal episode applicable to the offense;
- Committed the felony offense while under the jurisdiction of a court in Florida or another state, or for an offense that would have been a felony if committed in Florida;
- Has previously been convicted of a sexual offense under § 787.025(2) (c); § 784.011(2), (3), (4), (5), or (8); § 800.04(4), § 825.1025 (2) or (3); § 827.071(2), (3), or (4); or § 847.0145. This also includes offenses under a previous statutory designation similar to the previously listed statutes, offenses that would be a felony in another jurisdiction, offenses that would be considered a felony if committed in Florida that has similar elements to the statutes listed above.
Individuals who are deemed as dangerous sexual felony offender face a mandatory imprisonment term of 25 years to life. Defendants sentenced to mandatory minimum term of imprisonment are not eligible for statutory gain time under § 944.275, any form of discretionary early release aside from pardon, executive clemency, or conditional medical release before serving the minimum sentence of 25 years.
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Defenses to Sexual Battery Offenses
In cases where the criminality of conduct depends on the victim being below a certain age, it is not a valid defense that the accused individual was ignorant of the alleged victim's age. It is also not a valid defense that the alleged victim misrepresented his or her age to the defendant.
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Rules of Evidence in Florida Sexual Battery Cases
In Florida, the prosecution and defense are somewhat limited in the type of evidence that is admissible in court. The testimony of the victim does not need to be corroborated in prosecution is just one of the rules defined under § 794.022. Among the other limitations and allowances are:
- Specific instances of previous consensual sexual activity between the victim and persons other than the offender shall not be admitted. However, it may be admitted if it is established that such evidence may prove that defendant was not the source of the semen, pregnancy, injury or disease. If the consent of the victim is being argued, the evidence may be admitted if it is established that said evidence can show a pattern of conduct or behavior on the part of the victim that is similar to the conduct or behavior that is relevant to the consent issue.
- Reputation evidence of a victim's prior sexual conduct or evidence presented to show that the manner of dress of the victim at the time of the offense incited the battery shall not be admitted into evidence. Neither shall the offender's use of a device intended to prevent conception or the victim's request that an offender use such a device be relevant (by itself) to the issue of if the offense was committed or if the victim gave consent.
- If the consent of the victim is being used as a defense to prosecution, evidence of the victim's mental incapacity or defect is admissible in court to show that the consent was not knowing, voluntary, or intelligent.
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The Law Offices of Don Pumphrey, Jr. | Sexual Battery Defense Lawyer in Tallahassee, FL
A charge for sexual battery is a serious offense and can have tremendous consequences on your future and that of any loved ones. When facing these allegations, you need to make sure that you have an experienced and dedicated criminal lawyer at your side. Contact The Law Offices of Don Pumphrey, Jr. today to learn more about how we can help you combat these charges in court. Our attorneys represent clients in Tallahassee (Leon County), Quincy (Gadsden County), Saint Marks (Wakulla County), Monticello (Jefferson County), and all nearby communities. Let us help you defend your future, reputation, and life.