Miami Sexual Battery Defense Attorneys

Sexual battery, more commonly known as rape and also referred to as sexual assault in other jurisdictions, is perhaps the most serious sex crime that a person can be accused of committing. Prosecutors will typically seek maximum punishments for alleged offenders.

The consent of an alleged victim can often be a major point of contention in these cases, as many individuals accused of sexual battery claim that the alleged victims willingly agreed to sexual conduct. Whether allegations are exaggerated or even completely fabricated, one of the worst things any alleged offender can do when suspected of sexual battery is attempt to speak to authorities without having legal representation.

It is crucial that you first speak to an experienced attorney about your rights and legal options. At Hubbs Law Firm, our Miami sexual battery defense attorneys have extensive trial experience. We understand what is at stake, and we are prepared to aggressively fight for your future.

Contact our office online or by phone at (305) 570-4802 for a free, confidential consultation. We will listen to your side of the story and help you understand your potential defense options. 

Definitions Relating to Sexual Battery Crimes in Florida

Florida Statute § 794.011(1)(h) defines sexual battery as “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.” This definition does include an act done for a bona fide medical purpose.

Some of the other important terms that are defined under this statute include:

• Consent is defined as “intelligent, knowing, and voluntary consent and does not include coerced submission.” Any failure by an alleged victim to offer physical resistance to the offender cannot be deemed or construed to mean consent.
• Mentally defective is defined as “a mental disease or defect which renders a person temporarily or permanently incapable of appraising the nature of his or her conduct.”
• Mentally incapacitated is defined as “temporarily incapable of appraising or controlling a person’s own conduct due to the influence of a narcotic, anesthetic, or intoxicating substance administered without his or her consent or due to any other act committed upon that person without his or her consent.”
• Physically helpless is defined as “unconscious, asleep, or for any other reason physically unable to communicate unwillingness to an act.”
• Physically incapacitated is defined as “bodily impaired or handicapped and substantially limited in ability to resist or flee.”
• Retaliation is defined as including, but not being limited to “threats of future physical punishment, kidnapping, false imprisonment or forcible confinement, or extortion.”
• Serious personal injury is defined as “great bodily harm or pain, permanent disability, or permanent disfigurement.”

Sexual Battery Penalties in Florida

Sexual battery is always a felony offense in Florida, but the grade of felony depends on certain factors.

Under Florida Statute § 794.011, sexual battery is classified as follows:

• Sexual battery is a third-degree felony offense, punishable by up to five years in prison and/or a fine of up to $5,000 if an alleged offender less than 18 years of age solicits an alleged victim to engage in any act which would constitute sexual battery.
• Sexual battery is a second-degree felony offense, punishable by up to 15 years in prison and/or a fine of up to $10,000 if:
  • An alleged offender 18 years of age or older commits sexual battery upon an alleged victim 18 years of age or older, without the alleged victim’s consent, and in the process does not use physical force and violence likely to cause serious personal injury; or
  • An alleged offender less than 18 years of age commits sexual battery upon an alleged victim 12 years of age or older, without the alleged victim’s consent, and in the process does not use physical force and violence likely to cause serious personal injury.
• Sexual battery is a first-degree felony offense, punishable by up to 30 years in prison and/or a fine of up to $10,000 if:
  • An alleged offender less than 18 years of age engages in any act which constitutes sexual battery with an alleged victim 12 years of age or older but younger than 18 years of age;
  • An alleged offender commits sexual battery upon an alleged victim 12 years of age or older, without that alleged victim’s consent and in the process does not use physical force and violence likely to cause serious personal injury, and the alleged offender was previously convicted of a qualifying sex offense;
  • An alleged offender 18 years of age or older commits sexual battery upon an alleged victim 12 years of age or older but younger than 18 years of age without that alleged victim’s consent, and in the process does not use physical force and violence likely to cause serious personal injury; or
  • An alleged offender 18 years of age or older commits sexual battery upon an alleged victim 12 years of age or older, and the alleged victim was physically helpless to resist, the alleged offender coerced the victim to submit by threatening to use force or violence likely to cause serious personal injury on the victim, the alleged offender coerced the victim to submit by threatening to retaliate against the victim, or any other person, the alleged offender—without the prior knowledge or consent of the alleged victim—administered or has knowledge of someone else administering to the alleged victim any narcotic, anesthetic, or other intoxicating substance that mentally or physically incapacitated the victim, the alleged victim is mentally defective, the alleged victim was physically incapacitated, or the alleged offender was a law enforcement officer, correctional officer, or correctional probation officer.
• Sexual battery is a life-felony offense, punishable by a minimum of 30 years up to life in prison and/or a fine of up to $15,000 if:
  • An alleged offender less than 18 years of age engages in any act with an alleged victim less than 12 years of age which constitutes sexual battery or, in an attempt to commit sexual battery, injures the sexual organs of the alleged victim less than 12 years of age; or
  • An alleged offender commits sexual battery upon an alleged victim 12 years of age or older without that person’s consent, and in the process thereof uses or threatens to use a deadly weapon or uses actual physical force likely to cause serious personal injury.
• Sexual battery is a capital felony offense punishable by the death penalty if an alleged offender 18 years of age or older commits sexual battery upon, or in an attempt to commit sexual battery injures the sexual organs of, an alleged victim less than 12 years of age.

Contact Hubbs Law Firm for a Free Consultation

If you think that you might be under investigation or if you were already arrested for alleged sexual battery in South Florida, it is in your best interest to not say anything to police officers or detectives until you have legal counsel. Hubbs Law Firm defends clients all over Miami-Dade County accused of sex crimes, including Homestead, Coral Gables, Miami, Hialeah, Miami Gardens, and many other nearby towns, villages, and unincorporated areas.

E.J. Hubbs is a skilled Miami rape defense attorney who is Board Certified in Criminal Trial Law by the Florida Bar. He can provide a complete evaluation of your case at no cost.

Contact our legal team today at (305) 570-4802 for a free and confidential consultation.

Florida Sexual Battery Resources

• Miami-Dade Police Department | Victim Advocates – Victim Advocates within the Miami-Dade Police Department's Special Victim's Bureau (SVB) assist victims of sex crimes by facilitating services and serving as liaisons to community agencies and the criminal justice system. On this website, you can learn more about victims' rights, what to do after a sexual assault, and talking about sexual assault. You can also find myths about sexual assault and answers to frequently asked questions.
• Men and Women United In Justice Education and Reform (M.U.J.E.R.) – M.U.J.E.R. Inc. is a nonprofit community-based social service organization that provides a number of one-stop certified sexual assault center services. Visit this website to learn more about the certified sexual violence center services, the organization’s partnerships, and additional information on sexual assault. You can also read testimonials and find information on upcoming events.