Sexual Battery and Rape are very serious charges in Miami, Fort Lauderdale, Broward County, and Miami Dade County. If facing charges of Sexual Battery or Rape, consent may be in issue. To prove the criminal offense of Sexual Battery, the State Attorney must prove beyond a reasonable doubt that there was a victim, that the criminal suspect committed an act upon or with the victim in which a sexual organ of one penetrated or had union with a sexual organ of the other or some other object, and that the act was committed without the consent of the victim. “Consent” means intelligent, knowing, and voluntary consent and does not include coerced submission. Consent does not mean the failure by the alleged victim to offer physical resistance to the offender. Evidence of the victim’s mental incapacity or defect, if any, may be considered in determining whether there was an intelligent, knowing, and voluntary consent. “Mentally incapacitated” means that a person is rendered temporarily incapable of appraising or controlling his or her conduct due to the influence of a narcotic, anesthetic, or intoxicating substance administered to that person without his or her consent, or due to any other act committed upon that person without his or her consent. “Mentally defective” means that a person suffers from a mental disease or defect that renders that person temporarily or permanently incapable of appraising the nature of his or her conduct. “Union” means contact. However, any act done for bona fide medical purposes is not a sexual battery.

To prove the criminal offense of Sexual Battery with the Use of a Deadly Weapon or Physical Force, the State Attorney must prove beyond a reasonable doubt that there was a victim, that that the criminal suspect committed an act upon or with the victim in which a sexual organ of one penetrated or had union with a sexual organ of the other or some other object, that the act was committed without the consent of the victim, and that in the process, the criminal suspect used or threatened to use a deadly weapon or used actual physical force likely to cause serious personal injury. “Consent” means intelligent, knowing, and voluntary consent and does not include coerced submission. Consent does not mean the failure by the alleged victim to offer physical resistance to the offender. Evidence of the victim’s mental incapacity or defect, if any, may be considered in determining whether there was an intelligent, knowing, and voluntary consent. “Mentally incapacitated” means that a person is rendered temporarily incapable of appraising or controlling his or her conduct due to the influence of a narcotic, anesthetic, or intoxicating substance administered to that person without his or her consent, or due to any other act committed upon that person without his or her consent. “Mentally defective” means that a person suffers from a mental disease or defect that renders that person temporarily or permanently incapable of appraising the nature of his or her conduct. “Union” means contact. A weapon is a “deadly weapon” if it is used or threatened to be used in a way likely to produce death or great bodily harm. “Serious personal injury” means great bodily harm or pain, permanent disability, or permanent disfigurement. However, any act done for bona fide medical purposes is not a sexual battery.

If you have been arrested or criminally charged with Sexual Battery or Rape, it would be advantageous to call a criminal defense attorney to discuss your rights as the defendant in a criminal law case. Criminal Defense Attorney Kenneth P. Hassett of Hassett and Associates, P.A. is an experienced criminal defense lawyer who has been practicing since 1991 in Miami Dade County, Fort Lauderdale, and Broward County. Criminal defense lawyers can represent you against the criminal charges of the State Attorney. Kenneth P. Hassett is a criminal lawyer who will work hard to battle your criminal charges. Call Hassett and Associates, P.A. 24 hours per day seven days per week for an immediate free consultation with a Fort Lauderdale Sexual Battery Lawyer.

794.005 Legislative findings and intent as to basic charge of sexual battery.

794.011 Sexual battery.

794.021 Ignorance or belief as to victim’s age no defense.

794.0235 Administration of medroxyprogesterone acetate (MPA) to persons convicted of sexual battery.

Disclaimer

The information on this page does not represent legal advice. Florida Statues obtained from Online Sunshine, www.leg.state.fl.us, the official site of the Florida Legislature. Because the law is continually changing, some of the provisions contained herein may be out of date. It is always wise to seek counsel from an experienced criminal attorney like Kenneth Hassett.

If you have been charged as an Accessory After the Fact or a Principal in the First Degree to a criminal offense in Broward or Miami-Dade County, call Criminal Defense Attorney Kenneth P. Hassett.