Orlando Rape Defense Attorney

Sexual Battery (Rape) Under Florida Law

Have you been charged with sexual battery or rape in Orlando or anywhere in Central Florida? If so, you should immediatly consult with our experienced Orlando rape defense lawyer at the Law Offices of David P. Hill.

Sexual Battery, or rape, is defined in Florida Statute 794.011 as “oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object. Consent is defined as “intelligent, knowing, and voluntary consent and does not include coerced submission. “ Consent is not deemed or construed to mean the failure by the alleged victim to offer physical resistant to the offender. In other words, if the alleged victim does not attempt to fight off their attacker that is not deemed to mean they consented.

Non-consensual sex with another person is rape, a serious felony in Florida, and carries severe penalties.

Capital Sexual Battery

Capital sexual battery, the most serious of sexual battery charges, is where the victim is 12 years of age or younger and the alleged perpetrator is 18 or over; a conviction for capital sexual battery results in life in prison with no possibility for parole.

There are many variations to this offense, which may include enhancements of the penalty if the victim was physically helpless to resist, if the victim was physically incapacitated, if the offender administered narcotics to the victim resulting their being incapacitated, if the offender is in a position of custodial or familial authority over the victim, if the offender is in law enforcement or corrections and has some control or power over the victim due to that position, plus others.

Statutory Rape

Statutory Rape is primarily covered in Florida Statute 794.05. This statute makes it a crime for a person 24 years of age or older to engage in sexual activity with a person 16 or 17 of age. Florida law specifically states that an alleged perpetrator cannot claim that they did not know the age of the alleged victim as ignorance of the age is no defense. That even applies if the alleged victim lies about their age. Under this statute, due to the alleged victim’s age, their consent is not a defense to this crime or any other where it involves a minor engaging in sexual activity with an adult. In short, if the alleged victim consents, or lies about their age, you can still be charged with this second degree felony.

Can a minor Child be charged with sexual battery?

The short answer to this question is yes. If the accused is under 18 they will be charged, at least initially, as a juvenile, and be subject to penalties in juvenile court, though there is a possibility that the State Attorney’s Office will try to send the juvenile case to adult court for prosecution there. There is even a specific statute (794.02) that states that a boy under the age of 14 can still be held criminally responsible for committing a rape.

Highly Experienced Rape Defense Attorney in Orlando

If you or a family member has been charged with either sexual battery (in any of its various versions) or with statutory rape, call the Law Offices of David P. Hill. Defense attorney David P. Hill has 29 years of experience handling these types of offenses, and knows what steps need to be taken to defend against them, as well as the serious consequences to the accused. He takes these matters extremely seriously for his clients, and will fight for them all the way. Call us today at 407-648-0006 or fill out the online form located on this page and we will contact you shortly. Your privacy is very important to us and we will keep your information confidential.