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Rape and Sexual Battery Lawyers in Orlando, FL

Rape/Sexual Battery Attorney in Orlando, Florida

What is sexual battery? According to Florida Statutes § 794.011, sexual battery is defined as engaging in non-consensual sexual penetration by, or union, with a sexual organ of another, or anal or vaginal penetration of another by an object. This law excludes coerced submission and defines consent as “intelligent and knowing consent.” Engaging in sexual intercourse against someone’s will or with someone unable to give their “intelligent and knowing, voluntary consent” constitutes sexual battery.

Penalties for Sexual Battery in Florida

Sexual battery penalties depend on the severity and are usually determined by the ages of the victim and accused. Here are the sexual battery charges and their associated penalties:

Charge Description Penalty
Capital felony An adult (18 years or older) who commits sexual battery on a minor under 12. It can also occur when someone threatens or uses a deadly weapon or physical force to commit sexual battery. A life sentence could be imposed on the accused.
Life felony A minor under 18 commits sexual battery on a minor younger than 12. A life sentence is possible.
First-degree felony Generally when an adult sexually assaults a child who is 12 years old or older. It can also occur when the victim suffers from force, threats, or drugs. Penalties can include as much as 30 years imprisonment.
Second-degree felony The same as first-degree sexual assault, but the perpetrator is not threatening or using force. Penalties can include up to 15 years imprisonment.

Defenses Against Sexual Battery Accusations

A defense can use many legal reasons to defend against a Florida rape case. An experienced sexual battery defense lawyer will devise a defense strategy based on the facts of the case and the relationship between the defendant and the alleged victim.

Many sexual crimes lack witnesses and rely only on forensic evidence and testimony from the victim. Here are some defenses against rape accusations:

  • Pretrial Defenses: Defense lawyers often present evidence that contradicts the allegations to try and prevent their clients from being indicted. This evidence could include the results of the polygraph test, psychological evaluations, evidence that the accuser has made unfounded allegations against others in the past, and letters attesting to the defendant’s good character.
  • Defenses at Trial: A few defenses can be used in a rape case. These include an alibi (the defendant didn’t commit the crime because they were not seen elsewhere at the time), psychological issues that prevented them from understanding what was happening, and the mistaken identity of the victim. The defense team can also use DNA or forensic evidence to acquit the defendant.
  • Affirmative Defenses: An affirmative defense is when the accused admits to having sex but argues that it shouldn’t be considered a crime for specific reasons. The victim may have consented to have sex. An “affirmative defense” does not admit to a crime but only explains why the sexual act was not a crime.
  • Innocence: Innocent persons are charged with crimes they didn’t commit every day. Sometimes the victim may be confused or ashamed about what happened or try to hide their actions. False criminal charges can be brought in some cases to receive a large settlement or jury award in a civil lawsuit.

Frequently Asked Questions

1. Is sexual battery considered a felony or a misdemeanor in Florida?

Sexual battery is considered a felony in Florida. The severity of the felony, however, can vary depending on the specifics of the case.

2. What are the defenses against false allegations of sexual battery?

There are several ways to defend against false allegations of sexual battery. One common defense is to argue that the State Attorney did not meet their burden of proof. Other defenses may include providing an alibi, challenging the credibility of the accuser, or presenting evidence that contradicts the allegations.

3. What happens if someone accuses me of sexual battery?

If you are accused of sexual battery, it’s crucial to contact a defense lawyer immediately. Do not speak to any law enforcement official or other individual regarding the accusations until you’ve talked with and engaged an experienced criminal defense attorney.

4. What are the potential penalties for sexual battery with a weapon?

If convicted of committing sexual battery with a weapon in Florida, the accused can be sentenced to life imprisonment and may be subject to lifelong sexual offender registration.

5. What is the difference between sexual assault and sexual battery in Florida?

In Florida, the term “sexual battery” is used to describe both rape and sexual assault. It covers many forms of sexual abuse, including molestation, rape, and sexual harassment.

Lawyers for Sexual Battery or Rape within Orlando, Florida

Leppard Law Criminal Defense Attorneys understands that these charges can devastate your life and future. You have everything at stake and deserve the best representation. Let us advocate aggressively for you! Our defense lawyers are determined to avoid a conviction in each case. We are battle-trained fighters who know how to investigate your arrest and the state’s evidence. We might be able to reveal mistakes that occurred during the search or arrest. In many instances, we can reduce the charges or obtain a dismissal.

The criminal defense lawyers of Leppard Law Criminal Defense Lawyers represent clients accused of child pornography and other sexually motivated crimes across the Middle District of Florida. Our offices are in downtown Orlando, located just a few minutes from the Middle District of Florida federal courthouse and the state courthouse.

If you’ve been charged with sexual battery or rape and are facing criminal charges, then call a defense lawyer such as Leppard Law: Florida Criminal Defense Attorneys, to discuss your case. You can reach us through (407) 476-4111 to arrange a free case consultation. Contact us today!

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