Florida Sexual Battery on Physically Incapacitated Victim Defense Attorneys

Florida Sex Crimes Defense Lawyers

Nonconsensual sexual activity on a physically incapacitated victim is more commonly known as date rape and falls within the charge of “Sexual Battery with Special Circumstances.” “Physically incapacitated” means a person is bodily impaired or handicapped and unable to resist or flee from sexual advances.

Elements of the crime

This crime can be prosecuted under four elements:

  1. The victim was the age of 12 or older
  2. Defendant committed a sexual act upon or with the victim in which his/her sexual organ penetrated or had union with the victim’s vagina or anus
  3. Defendant committed a sexual act upon or with the victim in which an object penetrated the victim’s anus or vagina
  4. The sexual act was committed without the victim’s consent

    Theories of the crime

    This crime can be prosecuted under the above elements as well as the following two theories:

  • Without the consent or prior knowledge of the victim, the defendant had knowledge of someone else or they themselves administered a narcotic, anesthetic, or other intoxicating substance to the victim that mentally or physically incapacitated their being.
  • Victim was physically incapacitated.

Punishment of the crime

If you or someone you know has been charged with date rape, you need to contact a sex crimes defense attorney without delay. The Florida Sex Crimes Attorneys are extremely equipped in Florida law and state prosecution methods which can be used to benefit the verdict of your case. A maximum sentence for date rape in Florida is 30 years in prison and the minimum is around 6.5 years. Along with prison time comes the lifelong sentence of registration as a sex offender or sexual predator, or both.

Call the Florida Sex Crimes Attorneys and put our skills to use in the courtroom for you.