Sexual battery is taken very seriously in Florida, especially when it is committed against a child. The penalties for this crime are severe, with sentences including gigantic fines and life in prison. Sarasota sexual abuse attorney Erika Valcarcel knows that people are often falsely accused of child sex crimes. Spending time in her career as both a prosecutor and a defender, she knows how to navigate the legal system and can construct an effective defense.
Protect yourself by calling our Sarasota criminal defense law firm at (941) 363-7900 now to see how you can avoid spending time behind bars.
Florida Sexual Battery of a Child Laws
Interestingly, Florida does not define sexual battery in the traditional sense. Instead, the state defines sexual battery as being synonymous with rape. This crime occurs when a victim is compelled to engage in sexual intercourse against their will. When this crime is committed against a child under the age of 12, it is referred to as a child sex crime, or sexual battery of a child. This crime is committed under a variety of circumstances but is more commonly seen when the child is incapacitated due to a mental disorder, a coma, or intoxication caused by drugs or alcohol.
In cases of sexual battery involving children, there are a number of elements that must be proven. First, penetration with a sexual organ or another object must be established. If this cannot be adequately displayed, the prosecutor may be forced to bring lesser charges against the accused, such attempted sexual battery. Normally, it must also be proven that the victim did not give consent. In cases with children under the age of 12, however, this requirement is waived. The victim’s age implies a lack of consent.
Penalties and Collateral Consequences
When a child is involved, sexual battery is filed as a capital felony. If a conviction is reached and the accused is assigned life in prison, Florida statute requires that 25 years pass before parole can be considered. The criminal penalties for child sex crimes include, but are not limited to:
- A fine of up to $15,000
- Years to Life in prison
A conviction can also have collateral effects on your life. Once you are released from prison, for example, it may be difficult to find work. Few employers jump at the chance to hire someone with a criminal record. Your attempts to continue your education might also be stifled, as most colleges and universities thoroughly vet applicants before admitting them. Scholarships might also be difficult to obtain since most are off-limits to those with conviction histories.
Defenses Against Sexual Battery of a Child
Child sex crimes can be incredibly difficult to defend. These cases often involve child testimony, not to mention the media’s harsh portrayal of accused child abusers. Luckily, a skilled lawyer can use certain defenses to get your charges thrown out in court. The most common and successful strategy is claiming that you are the victim of mistaken identity. Eyewitness testimony has been proven to be unreliable time and time again, making it entirely possible that you have been falsely accused.
Let Erika Valcarcel, Criminal Defense Lawyer, P.A. Protect Your Freedom
A sexual battery of a child charge can be detrimental to every aspect of your life. Your career may be destroyed, and relationships with loved ones might be permanently altered. Sarasota sexual abuse attorney Erika Valcarcel understands the kind of turmoil that can arise from these situations. She will work tirelessly to fight for your rights and prove your innocence.
Call Erika Valcarcel, Criminal Defense Lawyer, P.A. at (941) 363-7900 today for a free and confidential consultation to discuss your case.