Sexual Battery (Rape) With Aggravating Factors - Florida Statute 794.011(4)

sex offenses

Rape is a serious crime and carries with it severe penalties. People know the seriousness of this crime and use rape as a tool for manipulation such as jealous girlfriends, parents, and unpaid prostitutes. Other times the rape allegations come from a person not wanting to accept responsibility for their actions but throw someone else “under the bus” such as a wife caught in adultery but claiming rape by the pool boy or a girlfriend telling her parents her boyfriend raped her.

What the State Prosecutor Has to Prove to Convict a Defendant of Sexual Battery

The prosecutor must prove beyond a reasonable doubt:

(1) The child victim was 12 years of age or older;

(2) The defendant committed an act upon or with the victim in which either:

  1. The sexual organ of either the defendant or the victim penetrated or had union with the anus, vagina, or mouth of the victim or the defendant; or
  2. The defendant committed an act upon victim in which the anus or vagina of the victim was penetrated by an object;

(3) Either:

  1. The victim was physically helpless to resist;
  2. The defendant coerced the victim to surrender to the sexual battery by threatening to use force or violence likely to cause serious personal injury and the victim reasonably believed the defendant had the current ability to carry out the threat;
  3. The defendant pressured the victim to submit by threat of retaliation against the victim or any other person and victim reasonably believed that defendant had the ability to execute the threat in the future;
  4. The defendant without prior knowledge or consent of the victim;
  5. The defendant knew the victim was mentally defective;
  6. The victim was physically incapacitated; or
  7. The defendant was at the time in some type of authority positions such as police officer, probations officer, etc.; and

(4) The act was committed without the consent of the victim.

“Consent” means intelligent, knowing, and voluntary consent and does not include coerced submission. Consent does not mean the failure by the alleged victim to offer physical resistance to the offender.

Punishment for Sexual Battery

This is an extremely serious crime. This crime is ranked level 9 on the Florida Criminal Punishment Code. If the defendant is above 18 and the victim is below 12, it is a life felony punishable up to life in prison. If the defendant was 17 or younger, then it is a first-degree felony punishable up to 30 years in prison and a $10,000 fine.

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

An individual who pleads guilty to this crime will be designated a sexual offender and be required under Florida Statute 775.21 to register. If the defendant travels around the United States, there are also sexual offender registrations laws nationally.

On top of being tried, convicted, and being placed on a registry, people can look the defendant up on the internet. Good luck finding a job when this will be on your record and you cannot have it expunged.

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

This crime is serious and will require experienced attorneys. Our law firm focuses on criminal matters. If you have been arrested and charged with this crime, call our law offices today to schedule a free consultation. It is important that we know all the facts. We need you to tell us your version of the events that happened. This information will be critical to putting together a defense strategy for your case. The quicker you call us, the quicker we get to work helping you!

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