Understanding the meaning of “sexual assault” or “sexual battery” and the distinctions between the various “degrees” of sexual offenses is difficult for anyone not trained in the law or familiar with Florida criminal courts.
Stechschulte Nell, Attorneys at Law in Tampa believes every person should have a clear and thorough understanding of the law and how these subtle distinctions can mean the difference between a less ominous crime with a maximum penalty of five years and an offense that could lead to 30 years in state prison. It’s important to learn the legal consequences of an act before a person learns the hard way.
Defining Sexual Assault in Florida
The statute defining the crime of sexual assault uses the term “sexual battery” because there is a technical legal distinction between “assault” and “battery.” An assault is a threat of imminent violence that causes fear in the victim, while a battery is an actual unconsented offensive touching of another person.
Florida law uses the terms “sexual assault”
and “sexual battery” interchangeably.
In Florida, the act of sexual battery or sexual assault can be committed by oral, anal, or female genital penetration by (however slight), or union with, the sexual organ of another or the anal or female genital penetration of another by any other object. In Florida, sexual battery is the same as the common law concept of rape. The crime may be committed with any object, not necessarily a part of the offender’s body.
Degrees of Sexual Assault in Florida
Florida law describes a range of sexual assault offenses for which various levels of punishment can be imposed. Some sexual assaults are considered egregious enough to warrant a sentence of life in prison, while others are felonious but carry no more than five years in prison.
This wide variation in maximum penalties means that the quality and expertise of your Florida criminal defense lawyer are essential to prevent you from suffering an unjust conviction or being found guilty of a more serious offense than the law defines.
Highest Severity Sexual Life Felony
Florida imposes a life sentence if a defendant who is aged 18 years or older commits a first-degree sexual battery (penetration) against a victim younger than 12 years old and causes them to suffer an injury to their sexual organs. This same offense is committed when the defendant is under 18 years old if the victim is under 12 and sustains an injury to their sexual organ, but the law imposes a lower sentence.
An adult who commits this offense will face a life sentence. A minor who is convicted of first-degree sexual battery of a person under 12 and causing injury to their sexual organ faces a sentence of not more than 40 years in state prison.
First Degree Sexual Assault
First-degree sexual assault is committed in Florida when a person 18 years old or older engages in sexual penetration with a minor who is at least 12 years of age and cannot knowingly consent or who is mentally or physically incapacitated. The state will also charge first-degree sexual assault if the offender uses or threatens to use a weapon or physical to complete the crime.
Second Degree Sexual Assault
A lower degree of sexual assault involves a perpetrator who is aged 18 or older who engages in sexual penetration with a minor victim who is 12 years of age or older without using or threatening to use force or any weapon. A second-degree sexual assault charge also requires that no injury be sustained to the victim’s sexual organs.
Third Degree Sexual Assault
A third-degree sexual assault will be charged when a minor’s parent, legal guardian, or another person who stands in a position of familial authority solicits the minor to engage in sexual a sexual act with a third party that would constitute a sexual battery.
What Are the Penalties for Different Degrees of Sexual Assault in Florida?
Penalty for 1st-Degree Sexual Assault
In Florida, the penalty for first-degree sexual assault depends on the defendant’s age and the victim’s age at the time of the crime, among other factors. The penalty includes up to 30 years in state prison, up to $10,000 in fines, and mandatory life-long registration as a sex offender in the Florida Sex Offender database.
The Sex Offender Database is a fully accessible public resource that lists the convicted defendant’s name, age, crime, and circumstances of the offense.
Penalty for 2nd-Degree Sexual Assault
Second-degree sexual assault is punishable under Florida law by up to 15 years in state prison, up to $10,000 in fines, and mandatory lifetime registration as a sex offender.
Penalty for Third-Degree Sexual Assault
For a third-degree sexual offense conviction, a defendant faces up to 5 years in state prison and up to $5,000 in fines. Sexual offender registration is also required.
Defenses To Florida Sexual Offense Charges
Every sexual assault charge involves different individuals in unique facts and circumstances. The best Florida sexual assault defense lawyers have extensive experience defending a wide variety of sexual offense cases. They are fully able to identify the weakest points in a prosecutor’s case.
Since every case presents unique facts, a sexual assault charge may be best defended by using one of the following defenses:
- The defendant is not the person who committed the offense (misidentification)
- The alleged victim consented to engage in sexual activity,
- The complainant is falsely accusing the defendant,
- The defendant could not distinguish right from wrong or conform to their conduct because of mental disease or injury.
Every criminal case in which a sexual assault offense is charged is capable of being effectively and successfully defended. Don’t give up because you feel a sense of utter defeat, fear, or shame.
Read More > What Constitutes Sexual Battery in Florida
Florida Sex Crimes Defense
At the Stechschulte Nell Law Firm, we provide vigorous defense representation to every client without judging them or their actions.
Our focus remains entirely on ensuring our clients enjoy the benefit of every legal right, that they have access to every opportunity to reach a favorable result and to be treated with respect and humanity.
Contact us at 813-280-1244 for a case review today with our skilled attorneys.
