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.

NEED A DEFENSE ATTORNEY?

Schedule Consultation

Case Results

NOT CONVICTED OF FELONY DRUG TRAFFICKING

The Client was charged with Felony Trafficking of Cannabis, Felony Manufacturing of Cannabis, Grand Theft, and Possession of Drug Paraphernalia after a search warrant uncovered a Marijuana Grow House Operation in his home with over
Show More

State Dropped Sex Offense

The Defendant was arrested and charged with Lewd and Lascivious Battery on a minor under 16 after impregnating his 14 years old girlfriend. After negotiations with the State by showing the State the evidence of
Show More

CHILD NEGLECT CHARGE ADMINISTRATIVELY DISMISSED UPON COMPLETION OF DIVERSION PROGRAM

The Client was arrested for Child Neglect after an alleged incident in which the Client took drugs in the presence of a minor child and passed out on the floor. Attorney Anthony Rickman immediately contacted
Show More