Sexual Battery

There are many forms of sexual crimes in Florida, involving acts that range from soliciting, to lewd touches, to penetration. Depending on the ages, relationships, level of sexual activity, injuries, and other circumstances, the penalties can range from probation to the death penalty.

In Florida, the legal term for rape is “sexual battery.” Sexual battery is sexual contact (oral, anal, or vaginal) with another person using their sexual organ or any object, without consent. Consent requires an active and conscious agreement to participate, which in turn requires the ability to communicate that consent without any coercion.

In the following circumstances, consent may not be valid:

Minors: In most circumstances, minors cannot legally consent to sex.

Statutory rape charges will apply when an adult age 18 or older has sex with a minor less than 18 years or when an adult age 24 or older has sex with a minor under age 16 (so the age of consent is 16 until the adult turns 24, then it becomes 18). Minors can also be prosecuted for having sexual contact with another minor under age 16. Lack of knowledge of the minor’s age is not a defense in Florida, even if the minor lied about it.

Mentally Defective: If severe enough they don’t really know what they are doing
Mentally Incapacitated: Voluntarily or involuntarily intoxicated
Physically Helpless: The unconscious or those who are asleep

Common Defenses:

Lying Witness
Lack of Intent: Consent (unless a minor)
Mistaken ID / Alibi
Reasonable Doubt

If you’re facing any charges, contact Blaine today to discuss your case.

Sexual Battery

In the following circumstances, consent may not be valid:

Common Defenses:

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