If you are being accused of sexual assault in Florida, the most critical thing to do is seek the help of an experienced attorney for sexual assault immediately. The consequences of being convicted for a sexual assault crime are steep, and they can follow you for the rest of your life. You may spend many years in prison, lose custody of your children, and find it near impossible to gain employment or housing.
Facing a sexual battery accusation in Florida? Call 954-845-0505 or start a case review online for a free consultation with a criminal defense attorney.
In Florida, sexual assault crimes are formally referred to as sexual battery offenses. Florida courts treat these cases seriously from the first day, and a false accusation still has to be answered. That is why people facing an assault or battery allegation should speak to a defense lawyer before they speak to an investigator. No lawyer can promise a reduction or a dismissal, but evidence such as messages, timelines and witness accounts is easiest to preserve early.
What is Sexual Battery?
Florida's criminal code does not use the term sexual assault. The offense is sexual battery, and Fla. Stat. s. 794.011(1)(j) defines it as "oral, anal, or female genital penetration by, or union with, the sexual organ of another or the anal or female genital penetration of another by any other object," excluding an act done for a bona fide medical purpose. Consent is defined separately at s. 794.011(1)(a) as intelligent, knowing and voluntary consent, and the statute states that a failure to offer physical resistance is not consent.
Examples of Sexual Assault Allegations
Sexual battery does not require violence. Under Fla. Stat. s. 794.011(5)(b), sexual battery by an adult on a person 18 or older without consent, where the offender did not use physical force and violence likely to cause serious personal injury, is a second-degree felony. Where that level of force is used or threatened, s. 794.011(3) makes the offense a life felony.
Examples of sexual assault include, but are not limited to:
- Rape, including marital and statutory rape.
- Groping or non-consensual touching.
- Sexual relations with a child, mentally incapacitated individual, or individual who is not conscious to provide consent.
- Participating in sexual activity with a person who is intoxicated and unable to provide consent.
- Showing a minor pornographic images.
- Exposing your genitals to a child or asking a child to display theirs.
- Producing child pornography.
What to Do When You Are Accused of Sexual Battery
There are several things that you should do when being accused of sexual assault that will help your case in court. First, hire an experienced sexual battery defense attorney in Florida.
If you are arrested and brought to the police station, invoke your right to remain silent and do not answer any questions until you have a lawyer present.
That right comes from the Fifth Amendment. Under Miranda v. Arizona, 384 U.S. 436 (1966) and Edwards v. Arizona, 451 U.S. 477 (1981), once you clearly ask for a lawyer during custodial questioning, officers must stop the interrogation until counsel is present. Ask plainly, because a hedged request such as "maybe I should get a lawyer" may not be treated as an invocation (Davis v. United States, 512 U.S. 452 (1994)).
Second, make a list that you can share with your sexual assault attorney of witnesses or individuals who may be able to corroborate your innocence. For example, if you are accused of committing sexual battery somewhere you were not, a person that can confirm you were elsewhere may help you gain exoneration.
If you have any documented correspondence with the accuser, such as text messages or online communication that may help your case, share it with your attorney immediately. Additionally, if you are being falsely accused and you know that the individual pressing charges has falsely accused others in the past, provide their contact information to your lawyer as well. No detail is too small.
What Not to Do When You Are Being Accused of Sexual Battery
While there are several things that are imperative you do when being accused of sexual assault, or sexual battery, the things you do not do are just as relevant when forming your case. Do not attempt to contact the person who is charging you, no matter what your motives. Doing so can be used against you in court.
Do not discuss the case with others, as information and stories can often be misconstrued, and gossip can spread, which may lead to false incrimination. Most importantly, do not post anything online regarding the case, the individual who is accusing you, the judicial system, the police, investigators, or other parties who are involved. These statements can also be used against you in the future.
Do not answer questions from police, investigators or the accuser's lawyer without your own lawyer present. Note that hiring a lawyer does not stop officers from approaching you. The Bar rule against contacting a represented person binds lawyers, not police, so an investigator can still call or knock. You can decline and refer them to your attorney.
Possible Consequences of a Sexual Assault Conviction
The severity of consequences associated with a sexual assault conviction is what makes it so vital to hire an experienced sexual assault lawyer to handle your case. A sexual battery conviction triggers sex offender registration whatever the victim's age. Fla. Stat. s. 943.0435(1)(h) lists s. 794.011, other than s. 794.011(10), as a qualifying offense, and registration restricts where a person can live and work.
Sexual battery is graded by the facts of the offense. Under Fla. Stat. s. 794.011(5)(b), sexual battery on an adult without force likely to cause serious personal injury is a second-degree felony carrying up to 15 years. Under s. 794.011(3), using or threatening force likely to cause serious personal injury makes it a life felony. Under s. 794.011(2)(a), sexual battery by an adult on a child under 12 is a capital felony.
The accuser may also petition for an injunction for protection against sexual violence under Fla. Stat. s. 784.046, which is a separate civil case from the criminal charge, and a conviction can affect a pending custody matter. The conviction will be on your record for the rest of your life, meaning that potential employers will be able to view it when running a background check. Potential landlords will also be able to see the conviction.
A sexual assault conviction may cost you freedom for the rest of your life. Do not try to go through the court proceedings and legal process on your own. You must hire a sexual assault attorney to represent you and help form your defense.
How a Sexual Assault Attorney Can Help You
You are presumed innocent. The burden of proving every element of the charge beyond a reasonable doubt rests on the state alone. The person who made the accusation is a witness, not a party, and carries no burden of proof.
A defendant does not have to prove innocence, but a lawyer will gather evidence that contradicts the state's case. Discovery is the pretrial exchange of information governed by Fla. R. Crim. P. 3.220. Once the defense files a notice of discovery, the state must disclose its witness list, statements, reports and physical evidence, and the defense is built from what comes back.
A defense lawyer who handles these cases regularly knows the local court's process and can tell you what to do and what to avoid while the investigation is open.
Florida Statute of Limitations on Sexual Battery
The deadline for filing charges is set by Fla. Stat. s. 775.15. It limits how long the state has to begin a prosecution after the alleged offense, and for sexual battery the answer turns on the victim's age and on how quickly the offense was reported.
Under s. 775.15(1) there is no time limit at all for a capital felony, a life felony, or a felony that resulted in a death. Section 775.15(16)(a)3. adds that a sexual battery prosecution may be commenced at any time after the identity of the accused is established through DNA analysis, provided a sufficient portion of the original evidence is preserved and available for the accused to test. The older one-year DNA window in s. 775.15(15) reaches only offenses that were unbarred between July 1, 2004 and June 30, 2006.
For the remaining cases the periods are specific. Under s. 775.15(14)(b), a first or second degree felony sexual battery where the victim was 16 or older must be commenced within 8 years, unless the offense was reported to a law enforcement agency within 72 hours, in which case s. 775.15(14)(a) allows a prosecution at any time. Under s. 775.15(13)(c), where the victim was under 16 at the time of the offense, a prosecution may be commenced at any time. The full text is on the Florida Senate site.
Seeking Legal Representation
If you are being accused of sexual battery in Florida, you must find legal representation from an experienced criminal defense attorney as soon as possible. The sooner that an experienced criminal defense team like Weinstein Legal Team begins working on your case, the better outcome your case may have.
Don't wait. Contact us online today at 954-645-0505 for an entirely free case evaluation.
