Sexual battery, often referred to as sexual assault or rape, is among the most serious criminal charges under Florida law. A conviction can lead to devastating consequences, including lengthy prison sentences and mandatory registration as a sex offender. If you’ve been charged with sexual battery, it’s essential to act quickly and secure an experienced criminal defense attorney who can fight for your rights and freedom.
At Metcalf Falls, Criminal Defense Attorneys, P.A., we understand the gravity of these charges and the fear and uncertainty you may be feeling. Our dedicated legal team is here to provide a robust defense tailored to the specific details of your case. Contact us today at (813) 856-1601 for a free consultation.
What Is Sexual Battery Under Florida Law?
According to Florida Statute § 794.011, sexual battery occurs when a person engages in non-consensual sexual contact with another individual. Consent is a critical element, and charges can arise if the alleged victim was incapable of giving consent due to incapacitation, age, or other factors.
Key elements of sexual battery include:
- The accused engaged in sexual activity involving their sexual organ or an object and the alleged victim.
- The activity occurred without the alleged victim’s consent or under circumstances where consent was not legally valid.
Florida law also encompasses cases where the alleged victim is underage, incapacitated, or mentally unable to provide consent, regardless of the accused’s intentions.
Penalties for Sexual Battery in Florida
The penalties for sexual battery vary depending on the age of the alleged victim, the use of force, and any aggravating factors. Potential penalties include:
- Sexual Battery on a Victim Under 12 by a Perpetrator Over 18: This is a capital felony, punishable by life imprisonment without the possibility of parole or the death penalty.
- Sexual Battery on a Victim 12 or Older: Punishable by up to 15 years in prison. Aggravating factors, such as the use of a weapon or physical force, can elevate this to a first-degree felony, carrying up to 30 years or life imprisonment.
- Sexual Battery with a Deadly Weapon or Physical Force: Up to 30 years or life imprisonment as a first-degree felony.
Additional consequences include:
- Mandatory registration as a sex offender upon conviction.
- Restrictions on residency and employment.
- Difficulty securing housing or educational opportunities.
- Social stigma that follows a conviction, regardless of circumstances.
Building a Defense Against Sexual Battery Charges
Facing a sexual battery charge doesn’t mean your case is hopeless. At Metcalf Falls, Criminal Defense Attorneys, P.A., we work tirelessly to uncover the facts and build a defense that challenges the prosecution’s evidence. Common defenses include:
- Consent: Demonstrating that the alleged victim willingly participated in the act.
- Mistaken Identity: Arguing that law enforcement or witnesses have identified the wrong person.
- False Allegations: Highlighting inconsistencies in the accuser’s story or motives for making false claims.
- Lack of Evidence: Questioning the reliability of forensic evidence or the prosecution’s failure to meet the burden of proof.
- Violation of Rights: If law enforcement violated your constitutional rights during the investigation, such as conducting an illegal search or interrogation, key evidence may be inadmissible in court.
FAQs About Sexual Battery in Florida
What is the difference between sexual battery and rape?
Under Florida law, sexual battery and rape are synonymous, both involving non-consensual sexual contact.
Can I be convicted of sexual battery if there’s no physical evidence?
While physical evidence strengthens the prosecution’s case, a conviction can occur based on witness testimony or other circumstantial evidence. An experienced lawyer can challenge the reliability of such evidence.
What if the alleged victim consented?
Consent is a valid defense, but the circumstances surrounding it are critical. If consent was given freely and not under duress, we will work to demonstrate this in court.
Will I have to register as a sex offender if convicted?
Yes. A sexual battery conviction requires mandatory registration as a sex offender, which imposes strict limitations on your life even after serving your sentence.
What should I do if I’m being investigated for sexual battery?
Avoid speaking to law enforcement without an attorney. Contact Metcalf Falls, Criminal Defense Attorneys, P.A., immediately to protect your rights and prepare a defense.
Can sexual battery charges be dismissed?
Yes. With a strong defense, it’s possible to have charges reduced or dismissed based on insufficient evidence, constitutional violations, or other factors.
What if I was falsely accused of sexual battery?
False accusations are not uncommon. Our team will investigate the motives behind the claims and gather evidence to disprove the allegations.
Why Work With Our Tampa Sexual Battery Defense Lawyers?
Sexual battery charges are among the most serious criminal offenses in Florida and carry life-altering consequences, including lengthy prison sentences, mandatory registration as a sex offender, and lasting damage to your reputation. If you are facing allegations of sexual battery, it is crucial to have a skilled and dedicated criminal defense lawyer like Brett Metcalf by your side to protect your rights and ensure a strong defense.
Brett Metcalf’s background as a former prosecutor gives him valuable insight into how sexual battery cases are prosecuted, allowing him to anticipate the strategies used by the opposing side. With this knowledge, he is able to effectively challenge the evidence, investigate inconsistencies in witness testimony, and explore all available defense strategies. Whether it’s questioning the credibility of the accuser, proving consent, or uncovering flaws in the investigation, Brett is committed to providing you with the best possible defense.
Since 2012, Brett has worked tirelessly to defend Tampa residents accused of sexual battery. He understands the high stakes involved and provides personalized, aggressive representation from the start. Brett will meticulously review every detail of your case, working toward a dismissal of charges, a reduction in penalties, or a not guilty verdict.
Brett’s dedication has earned him widespread recognition, including being named a Super Lawyers Rising Star and holding a perfect 10 rating on Avvo.com. With over 90 five-star reviews, his proven track record demonstrates his commitment to helping clients move forward without a criminal record holding them back.
Work with a Tampa Sexual Battery Defense Lawyer Now
If you or a loved one is facing sexual battery charges, don’t wait to get the legal representation you need. At Metcalf Falls, Criminal Defense Attorneys, P.A., we are committed to fighting for justice and protecting your future.
Call us at (813) 856-1601 or complete our online form to schedule a free consultation. Together, we will craft a defense strategy to pursue the best possible outcome for your case.
