What is Capital Sexual Battery in Florida?
Sexual battery, also known as rape, is one of the most vigorously pursued offenses in Florida and carries some of the most severe and long-lasting consequences of any criminal violation. Besides, most rape trials typically come down to the accuser’s word versus the accused’s, complicating the defense of Sexual Battery claims.
The definition of sexual battery and the ensuing penalties are set forth in Florida Statute 794.011. Sexual battery refers to when someone physically coerces another person. Capital sexual battery is one of the examples within the umbrella of sexual battery, others being rape, date rape, child molestation, and child sexual abuse.
The complications of the case usually render untrained lawyers incapable of handling a defense case successfully. Only an experienced sexual battery attorney in Tampa can help you defend a capital sexual battery charge in Florida.
How does Florida Law Define Capital Sexual Battery?
The Florida Statute clearly outlines the conditions and punishments for capital sexual battery. Capital sexual battery is a felony that is committed when a victim under the age of 12 is harmed. It may also involve assaulting the victim or harming their sexual organs.
For the offense to be considered Capital Sexual Battery, the alleged actor must be 18 years or older in age. If the actor was younger, the crime is then called a life felony.
If the victim is a child under the age of 12, and the accused individual is related to the victim in a familial or custodial capacity, they may additionally be charged with capital sexual battery. If the victim’s testimony is the only evidence the crime was committed, the criminal may receive a life sentence without the possibility of release unless the victim is proven false.
How does ‘Capital’ Sexual Battery differ from ‘Regular’ Sexual Battery?
In terms of the law, a person suspected of capital sexual battery is not being charged with a separate crime from regular sexual battery. Instead, the phrase relates to the level of felony that, depending on the age of the offender, the victim, and the relationship between the two, can be applied to a charge of committing the crime.
A charge of capital sexual battery, which is exceedingly serious, can only be established through the victim’s evidence. This indicates that no outside evidence is required to establish the crime’s essential ingredients. Because a minor 12 years of age or younger is not considered by the court to be able to consent to the terms of sexual activity, consent is not a defense for this sort of offense.
The most serious crimes are classified as capital felonies in Florida. Life in jail without the chance of parole is the only sentence that can be given for this crime. Because sexual battery is considered a “dangerous crime” due to its nature, there is typically no bond available for the accused while they are awaiting trial.
Need Help Defending Capital Sexual Battery Charges?
The State of Florida vigorously prosecutes anyone who commits sex crimes, and especially harsher for capital sexual battery. This is why you must seek the assistance of a tenacious lawyer who can vigorously defend you if you have been accused of such a crime.
The Rickman Law Firm in Tampa, Florida, will investigate all available legal avenues to clear your name in such situations. We have tried hundreds of cases in Florida courts as former prosecutors, giving us special advantages that other legal firms just cannot match.
Hire the best sex crime defense attorney in Tampa who is knowledgeable, tenacious, and capable both within and outside of the courtroom. Contact The Rickman Law Firm today to begin talking about your case!
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.