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.