Sexual battery is one of the most serious offenses under Florida law. Often referred to as sexual assault or rape, this crime is filed as a felony and carries harsh sentences. If you have been charged with sexual battery, you are likely worried about the consequences of a conviction. Sentences often include years in prison and anyone convicted of sexual battery is required to register as a sex offender upon release. With professional experience as both a prosecutor and a defender, Sarasota sex crimes lawyer Erika Valcarcel knows what you’re up against and she can anticipate the prosecution’s strategy in order to construct an effective defense.

Call (941) 363-7900 now to see how your case can be presented in the best possible light.

Defining Sexual Battery

According to Florida statute, sexual battery and rape are synonymous. They both occur when an individual forces another person to engage in non-consensual sexual intercourse. The sexual battery also includes engaging in intercourse with an individual who is incapable of giving consent, such as someone who is in a coma or someone who is mentally handicapped.

In order to prove that sexual battery has occurred, the prosecutor must establish a number of elements. It must first be proven that the accused engaged in some form of sexual intercourse with the victim using either a sexual organ or another object. If the prosecution cannot adequately display that intercourse occurred, then other charges, such as misdemeanor assault or battery, may be pursued. Another essential element of sexual battery is a lack of consent. Interestingly, the prosecutor does not need to prove resistance or protest, only that permission was not given or that it was given but rescinded.

Consequences of Sexual Battery

More than any other factors, the severity of a sexual battery depends on the age of the victim, the age of the perpetrator, the use of weapons, and any injuries the victim sustained. For example, sexual battery committed against someone under the age of 12 is a capital felony, while sexual battery committed with a deadly weapon is filed as a life felony. The criminal penalties for the types of sexual battery include, but are not limited to:

  • Sexual Battery (Victim Under 12 and Perpetrator Over 18): Life imprisonment without parole or the death penalty
  • Sexual Battery (Victim Over the Age of 12): Up to 15 years in prison; up to 30 years with aggravating factors present
  • Sexual Battery with a Deadly Weapon or Physical Force: Up to 30 years or life in prison

In addition, anyone convicted of sexual battery is required to register as a sex offender upon their release from prison. It may also be difficult to find a job after you have served your time, as few employers jump at the chance to hire someone with a criminal record. You may also have trouble finding a place to live as there will be conditions on how close you can live to schools and who you can live with. Continuing your education might become all but impossible. Colleges and universities vet applicants prior to admission, and most scholarships are off-limits to those with past convictions.

Contact Erika Valcarcel, Criminal Defense Lawyer, P.A. Today

It may be possible to get your charges thrown out in court with the help of an experienced attorney. The most effective defense in sexual battery cases is proving that the intercourse was consensual. Your charges can be eliminated if it can be proven that the victim consented and did not withdraw his or her consent at a later point. You may also be the victim of mistaken identity. Eyewitness testimony is notoriously unreliable, and it is entirely possible that you were mistaken for the real perpetrator.

A sexual battery charge can ruin your life. Your family may not be able to survive if you are sent to prison, and your career may be destroyed if you are convicted. If you would like to fight your charges and defend your rights, call (941) 363-7900 now. Sarasota sexual battery lawyer Erika Valcarcel will listen to your side of the story in order to gain all of the details. With all of the information, she can argue on your behalf and work tirelessly to get your charges eliminated or reduced.