Sexual Battery

Rape is among the most serious offenses in any jurisdiction. In Florida, the crime of illegal sexual penetration is called sexual battery (also referred to as sexual assault in other jurisdictions).

Prosecutors handling these cases often pursue maximum sentences that can include severe penalties. Consent is a major point of contention in such cases, as many situations involve “he said/she said” scenarios or possibly even false accusations.

Lawyer for Sexual Battery Defense in Pensacola, FL

If you believe that you are being investigated or you have already been arrested for alleged rape in Florida, do not make any kind of statement to authorities or investigators without legal representation. Terrezza Law represents clients in Gulf Breeze, Pensacola Beach, Navarre, Milton, and surrounding communities.

John Terrezza is a criminal defense attorney in Pensacola who works tirelessly to achieve the best possible outcome resulting in the fewest possible penalties. He can review your case and discuss your legal options as soon as you call (850) 764-5291 to arrange a completely free initial consultation.

Escambia County Sexual Battery Information Center

Sexual Battery Charges in Florida

The criminal classification of an alleged rape in Florida is dependent on a number of factors, including the age of the alleged victim, the age of the alleged offender, whether the alleged victim suffered any injuries, and whether the alleged offender has been previously convicted of a sex crime.

Sexual battery is defined under Florida Statute § 794.011 as “oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object.” This definition does not include an act done for a bona fide medical purpose.

The crime is generally classified as follows:

Third-degree felony if an alleged offender less than 18 years of age who solicits an alleged victim to engage in any act which would constitute sexual battery.

Second-degree felony if an alleged offender 18 years of age or older commits sexual battery upon an alleged victim 18 years of age or older, without the alleged victim’s consent, and in the process does not use physical force and violence likely to cause serious personal injury.

Second-degree felony if an alleged offender less than 18 years of age commits sexual battery upon an alleged victim 12 years of age or older, without the alleged victim’s consent, and in the process does not use physical force and violence likely to cause serious personal injury.

First-degree felony if an alleged offender less than 18 years of age engages in any act which constitutes sexual battery with an alleged victim 12 years of age or older but younger than 18 years of age.

First-degree felony if an alleged offender commits sexual battery upon an alleged victim 12 years of age or older, without that alleged victim’s consent, and in the process does not use physical force and violence likely to cause serious personal injury and the alleged offender was previously convicted of a qualifying sex offense.

First-degree felony if an alleged offender 18 years of age or older commits sexual battery upon an alleged victim 12 years of age or older but younger than 18 years of age, without that alleged victim’s consent, and in the process does not use physical force and violence likely to cause serious personal injury.

First-degree felony if an alleged offender 18 years of age or older commits sexual battery upon an alleged victim 12 years of age or older, and the alleged victim was physically helpless to resist, the alleged offender coerced the victim to submit by threatening to use force or violence likely to cause serious personal injury on the victim, the alleged offender coerced the victim to submit by threatening to retaliate against the victim, or any other person, the alleged offender—without the prior knowledge or consent of the alleged victim—administered or has knowledge of someone else administering to the alleged victim any narcotic, anesthetic, or other intoxicating substance that mentally or physically incapacitated the victim, the alleged victim is mentally defective, the alleged victim was physically incapacitated, or the alleged offender was a law enforcement officer, correctional officer, or correctional probation officer.

Life felony if an alleged offender less than 18 years of age engages in any act with an alleged victim less than 12 years of age which constitutes sexual battery or, in an attempt to commit sexual battery, injures the sexual organs of the alleged victim less than 12 years of age.

Life felony if an alleged offender commits sexual battery upon an alleged victim 12 years of age or older, without that person’s consent, and in the process thereof uses or threatens to use a deadly weapon or uses actual physical force likely to cause serious personal injury.

Capital felony if an alleged offender 18 years of age or older commits sexual battery upon, or in an attempt to commit sexual battery injures the sexual organs of, an alleged victim less than 12 years of age.

Sexual Battery Penalties in Pensacola

Because all sexual battery crimes are considered felony offenses, the possible consequences of a conviction are very serious. A felony conviction can result in an alleged offender losing the rights to vote and possess a firearm, being ineligible for various professional licenses, and loss of the ability to receive financial aid for college.

A conviction also carries the following sentencing possibilities:

Third-Degree Felony — Fine of up to $5,000 and/or prison sentence of up to five years;

Second-Degree Felony — Fine of up to $10,000 and/or prison sentence of up to 15 years;

First-Degree Felony — Fine of up to $10,000 and/or prison sentence of up to 30 years;

Life Felony — Fine of up to $15,000 and/or prison sentence of at least 30 years up to life; and

Capital Felony — Punishable by the death penalty.

People convicted of sexual battery will also be classified as sexual predators. This means they must register as sex offenders for life with no possibility of being removed from the registry or expunging the offense from their criminal records.

Florida Sexual Battery Resources

Victims Services | Behavioral Health Services | Lakeview Center, Inc. — Baptist Health Care is a community-owned, not-for-profit health care organization, and Lakeview Center is a private, nonprofit organization that is an affiliate of Baptist Health Care. Lakeview Center’s Victims Services is a rape crisis program serving Escambia and Santa Rosa counties that provide crisis intervention, counseling, and victim advocacy. The center has a 24-hour hotline and you can also download a Rape Crisis Survivor Guide, Rape Crisis Victims Rights Brochure, and Rape Crisis Brochure on this website.

Baptist Health Care
1000 West Moreno Street
Pensacola, Florida 32501
(850) 434-4011

2014-2015 Sexual Battery Victims’ Access to Services Act Legislative Report — The 2014-2015 Rape Crisis Program Trust Fund legislative report is provided to the Florida Legislature by the Florida Department of Health’s Sexual Violence Prevention Program (SVPP) as mandated by Florida Statute § 794.055. In this report, you can learn more about sexual battery services, rape crisis trust fund allocations, and the scope and impact of sexual violence.

Sexual Battery | Your Rights and Services — The Florida Council Against Sexual Violence (FCASV) provides this brochure that discusses types of help and compensation available for sexual battery victims. You can also learn more about how medical care is provided to victims and evidence is collected in rape cases. The brochure also has suggestions for people who fear for their safety.

Find a Lawyer for Sexual Battery Defense in Pensacola, FL

Were you arrested or do you think that you might be under investigation for an alleged rape in Florida? It is in your best interest to contact Terrezza Law as soon as possible.

Pensacola criminal defense attorney John Terrezza fights to get the criminal charges of sex crimes reduced or dismissed for clients in Okaloosa County, Escambia County, Santa Rosa County, and Walton County. Call (850) 764-5291 or fill out an online contact form today to take advantage of a free, confidential consultation that will let our lawyer review your case and discuss your legal options.