Physically Helpless Victim

In Florida, a sexual battery offense committed on a victim who is physically helpless falls into the charge of “Sexual Battery with Special Circumstances.” For a victim to be “physically helpless” they must be asleep, unconscious or for any other reason physically unable to express their unwillingness to an act.

For an accused to be found guilty of sexual battery on a physically helpless victim, four elements must be proven in a court of law:

• The victim was at least 12 years of age or older when crime was committed
• The defendant committed a sexual act where his or her sexual genitalia penetrated or had union with the victim’s vagina or anus or the victim’s sexual genitalia penetrated or had union with the defendant’s anus or vagina

OR

• The defendant performed a sexual act where the victim’s anus or vagina was penetrated with an object
• Victim was physically unable to fight back
• The sexual act was performed without the consent of the victim

Being charged with sexual battery on a physically helpless victim, also known as date rape has severe punishments that can ruin the rest of your life. The testimony of the victim can send you or a loved one to prison anywhere from a minimum of six years to a maximum of 30 years depending on the specifics of the crime. A lifetime registration as a sexual offender, predator or both could follow you after time is served. If the specifics of your sexual battery charge are deemed as a “dangerous crime,” you could be held in prison to await your trial instead of being released on bail.

After being arrested or charged with a rape crime in Florida, you need to act fast and help yourself by contacting our Florida Rape Defense Lawyers at Whittel & Melton right away. We can help advise you of what to do and what not to do to protect your best interests.

We DO NOT recommend doing any of the following:

• Speaking to the alleged victim of the case. In fact, you should cut off all contact with this person immediately.
• Speaking to law enforcement or prosecutors about the case without an attorney present.
• Agree to any DNA testing or handing over any evidence to police before speaking with your attorney. Even if you think the evidence in question will clear your name, you should always speak to your lawyer first.

The Florida Sex Crimes Lawyers can assist you with your unique sexual battery charges right away. The mere accusation of a sexual battery charge can negatively impact your social status, career, personal living habits and more. Our lawyers are immediately able to review your case and get a proper defense started.

The first thing you should do after being contacted by authorities for a sexual battery charge is to contact the Florida Sex Crimes Defense Attorneys. Sexual battery charges are confusing and have many aspects and elements that a knowledgeable attorney can bring to your attention and use in your favor.

Contact the Florida Sex Crimes Attorneys today for a complimentary consultation and see how our legal expertise can assist you.