Mentally Defective Victim
If you have been charged with sexual battery in Florida you may be confused and unaware of the charges being brought against you. It is very important that you contact an experienced attorney without delay. The Florida Sex Crimes Attorneys are extremely well-versed in sexual battery laws in Florida and can explain the charges you are up against and combat them in the courtroom.
Sexual battery with special circumstances is defined as any sexual battery offense on a mentally defective, mentally incapacitated, physically helpless, or physically incapacitated victim. “Mentally defective” translates to a mental disease or defect that leaves a person temporarily or permanently powerless of evaluating the nature of his or her conduct. This crime can be summed up within four elements:
- The victim of the crime is over the age of 12
- The accused committed a sexual act where his/her sexual organ penetrated or had union with the victim’s sexual orifice (anus/vagina)
- The accused committed an act that penetrated the sex (anus/vagina) of the victim with an object
- Victim was the definition of “mentally defective” and the offender had knowledge of this
- The victim did not consent to the act committed
A sexual battery offense on a mentally defective victim is a first degree felony. Testimony from the victim alone could be enough to send you to prison for up to 30 years and mark you as a sex offender or predator, which is something you would have to register as for the rest of your life. Often, an expert is brought in to prove the victim’s mental disease or defect. Prior to trial, offenders can be offered a pretrial release to spend with their family. However, certain circumstances can be deemed by the state as a “dangerous crime” and you could be detained for months awaiting trial.
Perhaps the most serious concern is that rape charges of any kind could result in a conviction. Being convicted of a rape charge can mean many things, like a potential life sentence and the requirement to register as a sex offender. Everything that you have worked hard for in life is in jeopardy, so your career, relationships with friends, family, children are all on the line. You could even face the very real possibility of a civil lawsuit from the victim for any damages that they have suffered.
The simple accusation of rape, regardless of its validity, can be damning to every aspect of your life, especially if the case garners media attention and other publicity.
Don’t let your fate lie in the hands of an inexperienced attorney who is careless and emotionless towards your state of affairs. The Florida Sex Crimes Attorneys can take on your case and provide you with the emotional and legal support you desperately deserve. Right away, we can release investigators and experts to gather favorable evidence working towards your defense. We are available 24/7 to assist you with your claim and needs and we won’t stop there. For a lawyer that will work hard for you, call our offices today!