Man Arrested for Raping Developmentally Disabled Woman at her Home
A 52-year-old Gainesville, Florida man was arrested and charged with sexual battery on a victim with special conditions following an alleged incident where he walked into the woman’s home and ordered her to commit a sexual act. According to the woman’s mental health counselor, she is developmentally disabled and has diminished mental capacity.
The incident supposedly occurred around 9 a.m. Wednesday. The man is accused of letting himself into the woman’s home through her unlocked door. The woman told police she complied with the man’s orders because he is an acquaintance that she fears.
According to police reports, she was told to perform another sexual act and refused. She was allegedly punched in the face, which left noticeable bruising and swelling.
The man supposedly told police he had consensual sexual intercourse with the woman. The man evidently told the police the woman’s behavior was “off” and “slow.”
Sexual battery, also known as rape, on a mentally defective, mentally incapacitated, physically helpless, or physically incapacitated victim all fall under the category of Sexual Battery with Special Circumstances. These expressions are also explicitly characterized by statute. In this case, mentally defective translates by law to describe a mental disease or defect that leaves a person momentarily or lastingly powerless of assessing the quality of his or her behavior.
To be convicted of this crime, generally all that is needed is the testimony of the victim. The prosecution however, may need to provide expert testimony so that the victim’s mental defects or disabilities could be corroborated. The punishments for a sexual battery on a mentally defective person, assuming there is only one count of sexual battery and the accused has no prior convictions is 6.5 years in prison for unwanted sexual contact and nine years in prison for unwanted sexual penetration. The statutory maximum is 30 years in prison. Along with prison time, a convicted person would be required to register as a sexual offender or be designated as a sexual predator, possibly both.
If you have been charged with sexual battery with special circumstances anywhere in the state of Florida, contact the Florida Sex Crimes Defense Lawyers online or call us toll-free at 866-608-5529.