This offense is also commonly known as rape and can result in a conviction for a felony of the first degree, life felony or capital felony, depending on the age of the victim, whether the victim had any disabilities, and whether a weapon was used during the commission of the offense. Rape — Fla. Sexual battery is defined as any non-consensual oral, anal or vaginal penetration by the sexual organ of another person or any other object that is not for a medical purpose. This offense can result in a conviction for a felony of the first degree, life felony or capital felony, depending on the age of the victim, whether the victim had any disabilities, and whether a weapon was used during the commission of the offense.
Florida Sexual Assault and Abuse Law
Sexual Battery and Rape in Florida
The circumstances of the offense determine the level of felony, which in turn determine which defenses and penalties that apply to the crime. When it comes to rape, the law strives to protect strangers, acquaintances, and married people equally. In Florida, as in all states, there is no exception or defense to prosecution for rape that occurs within a marriage to learn more about marital rape laws in Florida, see Marital Rape in Florida. This crime also includes circumstances when the victim is mentally incapable of giving consent to sex such as being in a coma or having passed out from drug or alcohol use.
In addition to the standard crime of Sexual Battery, there are several enhanced forms of Sexual Battery that can be committed in Florida. Aggravated Sexual Battery Aggravated Sexual Battery is committed when a person has oral, anal, or vaginal contact with another person using their sexual organ or an object under an aggravating circumstance. Aggravating Circumstances The victim is physically helpless to resist.
These cases are often the Craigslist cases where an undercover officer will pretend to be a minor on Craigslist or a similar website who is interested in meeting an adult for sex. When the suspect shows up, he is met by numerous police officers and arrested. At least one of the charges will be traveling to meet a person believed to be a minor for the purpose of illegal sexual activity. This is a very serious felony charge in Florida that normally comes with a significant prison sentence.