Mentally Incapacitated Victim

Florida Sexual Battery on Mentally Incapacitated Victim Defense Attorneys Florida Sex Crimes Defense Lawyers

Being charged with sexual battery is one of the most serious offenses under the Florida Statutes. Sexual battery is more commonly referred to as rape. When sexually battery is performed on a mentally incapacitated victim it falls within the charge of “Sexually Battery with Special Circumstances.” The term “mentally incapacitated” translates to a person being temporarily unable to control his or her own behavior due to the stimulus of an anesthetic, narcotic or intoxicating substance dispensed without his or her consent or because of any other act performed on that person without his or her consent.

Sexual battery on a mentally incapacitated victim has four elements that make it a Sexually Battery with Special Circumstances offense:

  • The victim was over the age of 12 years old when the crime was committed
  • The offender performed a sexual act with the victim where his or her sexual organ penetrated or had union with the victim’s anus or vagina


  • The offender penetrated the victim’s anus or vagina with an object
  • The offender administered or knew that someone else had administered a narcotic, anesthetic or other intoxicating substance without the consent of the victim that mentally or physically incapacitated the victim
  • The victim in no way consented to the act performed

A sexually battery offense on a mentally incapacitated person is a punishable first degree felony. Testimony from the victim is the only evidence needed to prove that sexual battery occurred, which could send the accused to prison for a maximum of 30 years. Even with one single count of sexual battery and no prior convictions, a defendant could face anywhere from six to nine years in prison. Along with time served, the defendant would have to register as a sexual offender, predator or both. The accused can be released on bond in the months awaiting trial, however, if the sexual battery is considered a “dangerous crime” the state could sway courts to keep the defendant detained before they are proved guilty of the charge.

What Should I Do if I Have Been Arrested for Rape?

If you have been arrested or charged with rape, the first thing you should do is enlist the help of a Florida Rape Defense Lawyer at Whittel & Melton as soon as possible. Next, we recommend doing the following:

  • Collect and preserve any clothing, photos, videos, or any other physical evidence in your possession that relates to the alleged victim and the alleged incident
  • Collect and preserve any documents, like text messages, emails letters, phone records, GPS records, etc., that could show where you were at the time of the alleged incident.
  • Think about any possible witnesses that could back up your version of what happened, and then make a list of their names and contact information.

You want to keep all of this information safe and share it with your legal representation so that your attorney can build you the best possible defense.

If you or someone you know has been accused of sexual battery, the first step is obtaining an experienced attorney who is available for you any time of the year, 24 hours a day. The Florida Sex Crimes Lawyers have handled dozens of sexual battery cases throughout Florida, and have several former State Prosecutors on staff that are well equipped to handle your defense.

If you need a determined Florida sexual battery attorney, then contact the Florida Sex Crimes Attorneys today.

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