Sexual Battery (Rape) without Physical Force or Violence - Florida Statute 794.011(5)

sex offenses

This rape is where an individual had sexual contact with another person, without consent, and without physical force or violence likely to cause serious personal injury.

While rape does happen, it sometimes is claimed falsely for other motives. One motive for claiming rape is the person does not want to take responsibility for their actions and blames the other person such as a girlfriend claiming her boyfriend raped her when they were caught having sex by the parents. Another motive is manipulation such as a jealous or controlling girlfriend wanting to control her boyfriend or to receive full custody of the kids.

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

The prosecutor must prove beyond a reasonable doubt:

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

(2) The defendant either:

  1. Committed an act upon or with the victim in which the sexual organ of the defendant or the victim penetrated or had union with the anus or vagina of the victim or defendant; or
  2. Committed an act upon the victim in which the anus or vagina of the victim was penetrated by an object; and

(3) The victim did not give consent.

“Serious personal injury” means great bodily harm or pain, permanent disability, or permanent disfigurement.

Punishment for Sexual Battery

The punishment depends on the age of the defendant, the age of the victim, and the defendant’s previous criminal history. This crime is ranked level 8 under the Florida Criminal Punishment Code.

If the defendant is over 18 and the victim over 12 but younger than 18, the crime is a first-degree felony punishable up to 30 years in prison and a $10,000 fine.

If the defendant is younger than 18 and the victim is younger than 18 but 12 or older, the crime is a second-degree felony punishable up to 15 years in prison with a $10,000 fine.

If the defendant has been previously convicted of violating Florida Statute 800.04;847.0135(5);787.01(3)(a)2 or 3;787.02(3)(a)2 or 3; 800.04;825.1025; or 847.0135(5), then this crime 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 predator 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 up the defendant on the internet. Good luck finding a job when this will be on your record and you cannot have it expunged.

The Law Office of Roger P. Foley, P.A.

If you have been arrested and charged with this crime, call our law offices to schedule a free consultation. Our attorneys need to talk to you to find out your version of the events. It is important for you to tell us everything about what happened because from the information you give us, we will create a defense strategy custom tailored to your case. We will seek to have your charges dropped. We will take depositions of the police officers involved and any witnesses. From that evidence we will further refine your defense. 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.

Not all cases result in the charges being dropped; however, we will still fight to change your charges to something less or to lessen your sentence. The sooner you call, the sooner we get to work helping you.

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Client Reviews
I was charged with Domestic Violence few years ago and I was referred to Roger Foley from a family member! Roger is a BULLDOG! He was great and very aggressive in helping me beat this bogus case. Case was dismissed! He was on top of everything until the end!!
Now again in need of his help and wouldn't go anywhere else!
HIGHLY RECOMMEND
★★★★★
My wife (Mother of Stepson) and I Hired Mr Foley to represent my stepson in a minor criminal case. We would highly recommend as it is obvious to us That Mr Foley Genuinely cares and wants to do the Best he can for you which he did for us. Also has a great rapport with all parties in the courtroom..... Steve
★★★★★
Roger P. Foley got me reinstated. Also he got my COS waived, an got me to still be terminated off of probation on my expected termination date. I feel very comfortable with the decision my lawyer made for me. Also i would refer him to anyone who has a criminal felony or misdemeanor case. Jamar
★★★★★
Roger is a very compassionate person, he truly cares about his clients. He helped me with my case and was there for me every step of the way even if it was just reassurance that I needed. I would recommend him to anyone, he is absolutely the best! Cassandra G.
★★★★★
I think your firm did a great t job on 3 cases that were 28 years old. The results are better than expected. I truly appreciate the hard work that you and your firm put forth in obtaining the results that we did on this case. Jim
★★★★★