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Sexual Battery Charges in Florida

By Hager & Schwartz, P.A.

July 2, 2021

Sexual battery, commonly referred to as rape, is one of the most serious charges you can get. The lasting effects of a sexual battery conviction are severe; if you are facing these charges it is important to begin building your defense immediately.

Defining Sexual Battery

Sexual battery occurs when one party forces another person to engage in non-consensual sexual intercourse.
This could be:

  • Oral penetration
  • Vaginal penetration
  • Anal penetration
  • Sexual penetration using an object or body part


A key aspect of sexual battery is that the intercourse was non-consensual. Consent means each party verbally expresses that they want to engage in sexual behavior.

Examples of non-consensual intercourse would occur when:

  • The victim was threatened or coerced into engaging in sexual behavior
  • The victim did not resist, but also did not say they wanted to have sex
  • The victim was incapacitated or unconscious

Aggravating Factors

Sexual battery charges may be elevated to aggravated sexual battery depending on the circumstances of the victim at the time of the offense.

Aggravating factors include:

  • If the victim is a minor
  • If the victim had mental or physical disabilities
  • If a weapon was used
  • If the defendant was a family member
  • If there was the threat of harm, or actual harm was done during the rape

Penalties for Sexual Battery in Florida

Sexual battery is a felony offense; the initial penalties are quite severe.

In cases where someone over 18 years old committed sexual battery on another individual over 18, it is a first-degree felony. This is punishable by up to 30 years in prison, and up to $10,000 in fines.

If the defendant was over 18 years old and committed sexual battery against an individual between the ages of 12 and 18, it is also considered a first-degree felony. However, this offense could warrant a life sentence.

If the victim was under 12 years old, the sexual battery becomes a life felony. This means that a conviction will likely result in life imprisonment or even the death penalty.

It is important to keep in mind that if any aggravating factors were present during the sexual battery, these penalties can increase even more.

Miami Sexual Battery Lawyers

If you have been charged with sexual battery, you are facing decades in prison. It is absolutely crucial that you have a strong legal defense team on your side. Contact (Site:BusinessName} today to set up an immediate case evaluationwith our Miami criminal defense attorneys.