Sexual battery is defined by statute as one of two things. The first meaning of sexual battery is when a defendant’s sex organ makes contact with or penetrates the mouth, anus or vagina of the victim. The second definition means the defendant penetrated the anus or vagina of the victim with an object.
Elements of the CrimeCapital sexual battery is not actually a crime, however it is a very serious punishment coined the name capital felony. This term is applied to two separate offenses that contain nearly identical elements. Florida state law makes it a capital offense for any person 18 years or older to sexually batter any person 12 years old or younger. It is also a capital offense to injure the sexual organs of the victim during a sexual battery attempt. For the above criminal acts to be capital offenses, Florida law states that the defendant must be in a familial or custodial guardian position.
Defenses & OutcomesCapital sexual battery is an extremely serious charge that can be proved solely by the testimony of the victim. This means that no outside evidence has to be obtained to prove the elements of the crime. Consent does not factor into a defense for this type of crime because a person 12 years or younger is not viewed in the court’s eyes as able to agree to the terms of sexual activity. The only available sentence for this crime is life in prison without the possibility of parole. Due to the seriousness of the crime, there is usually no bond available for the accused awaiting trial because sexual battery is viewed as a “dangerous crime.”
Our Legal Experience Can Make a Difference in Your CaseOur Florida Sexual Battery Defense Lawyers at Whittel & Melton specialize in sex crimes defense, so there is no other team of defense attorneys that will work as hard for you than we will. We know what it takes to defend against these charges, and we will never back down from a fight.
We urge you to contact us right away to schedule your free initial consultation with us where we will talk about the criminal charges you are facing and what we think the best defense strategy may be. We are happy to provide you with our track record of success and answer all of your questions so that you can make the best decision regarding your specific legal needs.
At any of our eight offices throughout Florida, we are fully staffed and equipped to investigate and litigate sex crimes cases, including charges of capital sexual battery. We have creative strategies that can increase your chances of a successful outcome. We are also quite familiar with local, state, and federal courts, so we can coordinate and cooperate with necessary. We will investigate your case to our full abilities and call in experts when needed to exhaust every possibility so that we can ensure we have given you the best possible defense representation.
Where You Should Turn to for HelpIf you are facing a capital sexual battery charge you must contact a sex crimes defense attorney right away. Our Florida Sex Crimes Attorneys at Whittel & Melton are familiar with Florida laws and can explain your options and rights to you in hopes of gaining the most positive results for your individual case. Delaying contact with a sex crimes attorney can hinder your chances of a good outcome.
Help yourself and call one of our eight offices today - 866-608-5529!