Your Defense Against Sexual Battery Charges in Orlando
If you face sexual battery charges, you will have to deal with a lot of public scrutiny and ill will from the community. To head off prejudgment and humiliation, you will need a lawyer's help to fight these charges aggressively — and as soon as possible.
At The Bigney Law Firm in Orlando, Florida, our lawyers are discrete and dedicated to protecting the rights of people accused of sex crimes in central Florida. We offer a free initial consultation to evaluate your case and explore the best defenses.
What is Sexual Battery?
Sexual battery is non-consensual oral, anal or vaginal penetration by, or union with the sexual organ of another, or penetration using an object. The term sexual battery encompasses such acts as indecent assault, rape and sodomy.
Your sexual battery charge will be considered a capital sexual battery if you are 18 years or older and commit or attempt to commit the above mentioned acts against a person under the age of 12. It is not necessary for the state to prove consent in a capital sexual battery case, because it presumes that a child under the age of 12 is incapable of giving consent to sexual abuse.
The penalty faced upon conviction primarily depends on the age of the victim. If a jury convicts you of capital sexual battery, you will get sentenced to life in prison. Rape of someone who is 12 to 18 is a first-degree felony, punishable by up to 30 years in prison.
When prosecuting a sexual battery case, the State looks for special circumstances that they can use to enhance or increase the level of the offense and the amount of prison time you will face upon conviction. These enhancers include:
- Use of great force to commit the sexual battery
- Multiple perpetrators
- The alleged victim was physically helpless to resist
- The alleged victim was mentally defective
- The accused coerced submission by threatened retaliation
Learn more about sex offender penalties in Florida.
Defenses in Sexual Battery Cases
Two common defenses against sexual battery charges are:
- Mistaken identity
- The sex was consensual
Our lawyers will examine all of the evidence the state may have, which may include DNA evidence and evidence obtained during a rape exam such as skin tearing and abrasions.
You should never talk to police about the charges or submit to a lie detector test without first consulting with a lawyer.
Free Case Evaluation
If you face sexual battery charges, contact a lawyer as soon as possible. To schedule a free case evaluation with an attorney at the Bigney Law Firm, call 407-792-2923 any time of the day or night or fill out our contact form. For your convenience, our office is located in downtown Orlando, Florida, one block behind the courthouse. For your convenience, we our office is located in downtown Orlando, one block from the courthouse. Se habla Español.