Defenses for Sexual Battery
Sexual battery accusations are serious, and unfortunately, they’re sometimes falsely made. If you find yourself falsely accused and charged with sexual assault or sexual battery, you might feel that you are playing a game of “he said, she said” with no way to properly defend yourself.
In this brief article, the top criminal attorneys in Tampa with our team at The Rickman Law Firm have compiled a few of the most common defenses for sexual battery and sexual assault. Remember, if you stand accused you should contact an attorney as soon as possible.
Definition of Sexual Battery
Under Florida law, sexual battery has a broad legal definition. Generally, the crime covers any offense that is sexual in nature from rape to assault to deliberately and inappropriately touching another person without their consent. In other words, sexual battery is classified as the physical act of making offensive and unwanted contact with a person.
Going a step further, you may also be falsely accused of sexual assault. In Florida, various acts can be considered sexual assault, sex crimes, and abuse. These include (but aren’t limited to):
- Fondling or unwanted sexual touching
- Sexual contact with minors
- Possession of child pornography
- Incest
- Sexual battery (for which you may also be charged)
Calling Consent Into Question
If you are facing a rape accusation, the first defense is to find out if there is evidence of consent. If there is any written or recorded evidence, you’ll need to save it. Gather any witnesses who might have been involved, especially if the incident in question occurred in a public place.
Remember, ignoring your situation will not make the case go away. Consulting an attorney as soon as possible will help you understand if you can use the defense of consent. Further, if the alleged victim is a former lover or partner who might have a reason to make false accusations, your attorney will help you understand how best to present this information to the jury.
Hire a Tampa Criminal Attorney
Depending on the circumstances and charge, a sexual assault charge in the state of Florida could range from a first-degree felony to a capital or life felony. Nevertheless, an individual is innocent until proven guilty and has the right to seek out a defense attorney for case evaluation and representation.
False accusations of sexual battery or sexual assault are among the most serious accusations an individual can face. If you or a loved one is accused of sexual battery, contact The Rickman Law Firm today. A Tampa criminal attorney with The Rickman Law Firm will analyze your case and develop a strategy that includes physical evidence and character assessment of the accuser to achieve a positive result.
For a free consultation with the top criminal attorneys in Tampa, please contact The Rickman Law Firm today.
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.