Sexual battery offenses in Florida can lead to all sorts of consequences, depending on the extent of the conduct. However, this phrase can be readily mistaken for other sex crimes. With this said, knowing the definition of sexual battery in Florida and getting the services of a sex offense attorney in West Palm Beach may be crucial.
According to the Florida Statute Section 794.011(1)(h), sexual battery means oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object; however, sexual battery does not include an act done for a bona fide medical purpose.
Elements and Aggravating Circumstances of Sexual Battery
What Constitutes the Crime?
For sexual battery to happen, there must be penetration of the sexual organ of the victim. Whether it be oral, anal, or vaginal penetration, the crime of sexual battery is committed when an object is inserted. The only exception is when the act is done in connection with a medical purpose.
What are the Aggravating Circumstances of Sexual Battery?
- The perpetrator was (or the victim thought they were) in a position of authority, such as a cop, teacher, father, or guardian.
- Threats to the victim or his or her loved ones' personal safety. This could include the use of lethal weapons like knives or firearms, as well as the threat of future injury or retaliation.
- There was the use of force and aggression, which resulted in or may have resulted in severe bodily damage or a physical injury that resulted in lifelong impairment or deformity.
- The victim was either physically or psychologically disabled. They may have been asleep, drugged, or incapacitated by the offender or suffered a mental illness or defect.
- A child under or between the ages of 12 and 18 was sexually battered.
Looking for a Sex Offense Attorney in West Palm Beach?
If you have been arrested for sexual battery or such a crime is committed against you, get a hold of David Olson Law so you'll know exactly what to do. Schedule an appointment with us today!
