Sexual Battery (Rape) of a Child Less than 12 Which Results in an Injury to Their Sexual Organ. - Florida Statute 794.011(2)

sex offenses

This is an extremely serious crime. 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 but this does not include a bona fide medical purpose.

Florida Statute 794.011 lists multiple different crimes all related to sexual battery. The only differences between the crimes listed in the section are the ages of the parties and if there are any other aggravating factors.

What the State Prosecutor Has to Prove to Convict a Defendant of Sexual Battery on a Child Under 12

The prosecutor must prove beyond a reasonable doubt:

(1) The child victim was less than 12 years of age;

(2) The defendant either:

  1. Committed an act upon or with the child in which the sexual organ of the either the defendant or victim penetrated or had union with the anus, vagina, or mouth of the victim or the defendant;
  2. Committed an act upon the victim in which the anus or vagina of victim was penetrated by an object;
  3. Injured the sexual organ of the victim in an attempt to commit an act upon or with the victim in which the sexual organ of the either defendant or the victim would have penetrated or would have had union with the anus, vagina, or mouth of either the victim or defendant; or
  4. Injured the sexual organ of the victim in an attempt to commit an act upon the victim in which the anus or vagina of the victim would be penetrated by an object.
Mistake is Not a Defense

Florida Statute 794.021 states that mistake of age is no defense.

Punishment for Sexual Battery

This crime is ranked as level 9 on the Florida Criminal Punishment Code. The punishment for this crime depends on how old the defendant is. If the defendant is 18 or older and the defendant commits this crime on someone younger than 12, the defendant committed a capital felony which means the defendant can receive the death penalty. If the defendant is younger than 18 and the victim is younger than 12, the crime is a life felony which is punishable up to life in prison. On top of those possibilities, Florida Statute 794.0115 requires a minimum of a 25 year mandatory prison sentence if the defendant committed other acts during the sexual battery such as causing serious personal injury, threatening the use of a deadly weapon, the defendant victimized more than one person, or for the defendant being previously conviction of this crime.

If the defendant was 18 years or older at the time of the crime and caused serious injury to the victim, used or threatened to use a deadly weapon, victimized more than one person, or has a previous rape conviction, then Florida Statute 794.0115 requires a 50 year minimum mandatory sentence.

Other Consequences

Florida Statute 775.21(4)(a)(1)(a) requires the anyone who has been adjudicated of this crime to be designated a sexual offender. Florida requires that all sexual offenders be registered and continually maintain that information by updating any changes within 48 hours.

On top of being tried, convicted, and being placed on a registry, people can look the defendant up on the internet. If job hunting was not difficult enough, your employer can find you and any potential employer will find this on your background check. If convicted you will have an extremely difficult time finding employment. Furthermore, you cannot expunge a conviction of this crime from your record.

Contact the Law Office of Roger P. Foley, P.A.

If your family member or friend has been arrested and charged with this crime, call our law firm today to get a free consultation. We want to talk to you about your version of the events. It is important for you tell us everything so we can help create a defense strategy for you. We will take depositions of the police officers involved and any witnesses. We will try to persuade the prosecutor to drop your case. If the prosecutor is not persuaded, we can take the case all the way to trial.

These are very difficult cases. Sometimes a case cannot be won; however, we won’t give up the fight. We will seek to minimize your sentence with a mitigation package that hopefully will persuade the prosecutor and judge to give you a lesser sentence.

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