Florida Capital Sexual Battery Defense Attorneys

Florida Sex Crimes Defense Lawyers

Sexual battery is defined by statute as one of two things. The first meaning of sexual battery is when a defendant’s sex organ makes contact with or penetrates the mouth, anus or vagina of the victim. The second definition means the defendant penetrated the anus or vagina of the victim with an object.

Elements of the crime

Capital sexual battery is not actually a crime, however it is a very serious punishment coined the name capital felony. This term is applied to two separate offenses that contain nearly identical elements. Florida state law makes it a capital offense for any person 18 years or older to sexually batter any person 12 years old or younger. It is also a capital offense to injure the sexual organs of the victim during a sexual battery attempt. For the above criminal acts to be capital offenses, Florida law states that the defendant must be in a familial or custodial guardian position.

Defenses & Outcomes

Capital sexual battery is an extremely serious charge that can be proved solely by the testimony of the victim. This means that no outside evidence has to be obtained to prove the elements of the crime. Consent does not factor into a defense for this type of crime because a person 12 years or younger is not viewed in the court’s eyes as able to agree to the terms of sexual activity. The only available sentence for this crime is life in prison without the possibility of parole. Due to the seriousness of the crime, there is usually no bond available for the accused awaiting trial because sexual battery is viewed as a “dangerous crime.”

Where you should turn to for help

If you are facing a capital sexual battery charge you must contact a sex crimes defense attorney right away. The Florida Sex Crimes Attorneys are familiar with Florida laws and can explain your options and rights to you in hopes of gaining the most positive results for your individual case. Delaying contact with a sex crimes attorney can hinder your chances of a good outcome.

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