An alleged sexual assault in Florida is charged as a felony, with serious prison time possible on conviction. A life sentence, and even a death sentence, is possible depending on the circumstances. Having a Florida sexual assault lawyer who understands the elements of the charged offense, the potential penalties, and the ways in which such charges may be improperly brought, can be essential to providing an effective defense and avoiding serious, life-changing consequences. The Law Offices of Gilbert A. Schaffnit in Gainesville builds on over 40 years of legal experience to help people throughout the state of Florida who have been charged with sexual assault and other serious offenses.
Section This chapter, excluding subsection 10 of this section. The victim is physically helpless to resist. The offender coerces the victim to submit by threatening to use force or violence likely to cause serious personal injury on the victim, and the victim reasonably believes that the offender has the present ability to execute the threat. The offender coerces the victim to submit by threatening to retaliate against the victim, or any other person, and the victim reasonably believes that the offender has the ability to execute the threat in the future. The offender, without the prior knowledge or consent of the victim, administers or has knowledge of someone else administering to the victim any narcotic, anesthetic, or other intoxicating substance that mentally or physically incapacitates the victim. The victim is mentally defective, and the offender has reason to believe this or has actual knowledge of this fact.
Sexual Battery, which is more commonly known as rape, is one of the most aggressively prosecuted crimes in Florida and carries some of the most severe and long-lasting penalties of any criminal offense. Under Florida Statute In addition to the standard crime of Sexual Battery, there are several enhanced forms of Sexual Battery that can be committed in Florida. Aggravated Sexual Battery is committed when a person has oral, anal, or vaginal contact with another person using their sexual organ or an object under an aggravating circumstance.
Prosecutors in Florida and federal law enforcement agencies fight diligently to convict individuals who are found to be in possession of child pornography. Sex crimes are an ever present issue in most states in America including Florida. The many consequences of conviction include registration, potential prison time and loss of custody of children. Potential charges of child abuse and molestation are severe crimes with potentially devastating consequences.