Florida Sexual Battery on Physically Helpless Victim Defense Attorneys

Florida Sex Crimes Defense Lawyers

In Florida, a sexual battery offense committed on a victim who is physically helpless falls into the charge of “Sexual Battery with Special Circumstances.” For a victim to be “physically helpless” they must be asleep, unconscious or for any other reason physically unable to express their unwillingness to an act.

Elements of the crime

For an accused to be found guilty of sexual battery on a physically helpless victim, four elements must be proven in a court of law:

  • The victim was at least 12 years of age or older when crime was committed
  • The defendant committed a sexual act where his or her sexual genitalia penetrated or had union with the victim’s vagina or anus or the victim’s sexual genitalia penetrated or had union with the defendant’s anus or vagina

-OR-

  • The defendant performed a sexual act where the victim’s anus or vagina was penetrated with an object
  • Victim was physically unable to fight back
  • The sexual act was performed without the consent of the victim

Consequences of the crime

Being charged with sexual battery on a physically helpless victim, also known as date rape has severe punishments that can ruin the rest of your life. The testimony of the victim can send you or a loved one to prison anywhere from a minimum of six years to a maximum of 30 years depending on the specifics of the crime. A lifetime registration as a sexual offender, predator or both could follow you after time is served. If the specifics of your sexual battery charge are deemed as a “dangerous crime,” you could be held in prison to await your trial instead of being released on bail.

Let the Florida Sex Crimes Defense Attorneys Help

The Florida Sex Crimes Lawyers can assist you with your unique sexual battery charges right away. The mere accusation of a sexual battery charge can negatively impact your social status, career, personal living habits and more. Our lawyers are immediately able to review your case and get a proper defense started.

The first thing you should do after being contacted by authorities for a sexual battery charge is to contact the Florida Sex Crimes Defense Attorneys. Sexual battery charges are confusing and have many aspects and elements that a knowledgeable attorney can bring to your attention and use in your favor.

Contact the Florida Sex Crimes Attorneys today for a complimentary consultation and see how our legal expertise can assist you.