Sexual Battery

Sexual battery is a crime that is taken extremely seriously in Florida. The law criminalizing sexual battery covers numerous variations of the offense which determine the potential length of sentence upon conviction. "Sexual battery" is the legal term to what most people typically think of as "rape". A sexual battery against a person age 18 or older generally means any sexual contact without that person’s consent. Anyone under the age of 18 is under the "age of consent" and, therefore, is not able to legally agree to the sexual contact. That means that any sexual contact with the minor is sexual battery under the law.

In a sexual battery case there are various factors that can determine what level felony is charged and, therefore, what the potential sentence is. A sexual battery conviction can range from a second degree felony punishable by up to 15 years in prison, to a capital felony that requires mandatory life in prison. Some of the factors that determine what level felony a sexual battery is include:

  • Was the alleged victim physically incapacitated?
  • Was the alleged victim physically helpless?
  • Was the alleged victim mentally incapacitated?
  • Was the alleged victim under the age of 18?
  • Was the alleged victim under the age of 12?
  • Was there violence, weapons, or the threat of violence or weapons used?
  • Is the accused a law enforcement officer or other government official?
  • Was the accused in a position of familial or custodial authority over the alleged victim?

The sexual battery law specifically denies anyone convicted under the law ineligible to receive any gain time while serving a prison sentence. Typically, individuals serving a prison sentence in Florida are entitled to receive time off of their sentence for good behavior or work at the prison facility. An individual can get up to 15% of their sentenced reduced. However, there is no gain time assessed on a sexual battery sentence. That means that every day of the sentence must be served without any exceptions.

If you or someone you know has been accused of sexual battery, please immediately call the lawyers at Lindsey & Ferry, P.A. Sexual battery allegations are extremely serious and should only be defended by the best of attorneys. Our attorneys have extensive experience representing clients accused of any variation of sexual battery and are the best suited for defending your sexual battery case.