Sexual Battery Attorney

Sexual Battery Defense in Florida

Sexual battery is one of the most serious offenses that can be charged under Florida Statutes. While the crime is most commonly referred to as rape, the State of Florida refers to the offense as sexual battery. The Hillsborough County Sheriff’s Office as well as the Tampa Police Department have specialized divisions that deal only with sex cases.

Tampa and the State of Florida take sex offenses seriously and so should you. In addition to the serious legal consequences that can result when charged with sexual battery, there is also the social stigma of being accused of such a crime. There are different variations of the sexual battery statute that carry with them different elements as well as different possible punishments.

Because sexual battery is such a serious offense, it is imperative to seek an attorney with extensive experience in defending these types of cases. With the stakes being so high, there is no room for error.

The Tampa sexual battery attorneys at Taracks & Associates are former prosecutors that have handled hundreds of sex offense cases in the Tampa Bay area. We also have a former lead trial attorney from the Sex Offender Division of the Hillsborough County State Attorney’s Office ready to handle your case.

Don’t Face an Accusation without Counsel from Taracks & Associates

By definition, sexual battery is committed when an individual commits an act upon the victim in which the sexual organ of the defendant penetrates or has union with the vagina, anus, or mouth of the victim. The act of sexual battery does NOT require actual penetration.

Another essential element is that act was committed without the consent of the victim. When dealing with mentally ill individuals, consent or the lack thereof can become a real issue. A mentally incapacitated victim is one that has been rendered temporarily incapable of controlling his or her conduct due to the ingestion of a narcotic, anesthetic, or other intoxicating substance.

Under the law a person will be deemed not to have consented to the sexual act if he or she is mentally incapacitated at the time the act was committed. A mentally defective person is someone that suffers from a mental disease or defect that may render the victim incapable of appraising the nature of his or her conduct. A mentally defective person may not have the ability to consent or demonstrate a lack of consent.

In any case, lack of consent is an essential element of the offense of sexual battery that the State must prove. Other defenses to the charge of sexual battery may involve attacking the sex assault examination findings and challenging any DNA evidence that may have been recovered.

Penalties for Sexual Battery in Florida

The penalties for committing Sexual Battery vary according to the age of the defendant, the age of the victim, and the manner in which the sexual battery was committed. Any injuries that a victim may have received also play a role in determining the potential sentence a defendant is facing.

Possible sentences under the sexual battery statute range from mandatory life in prison to 15 years in prison as well as sex offender probation.

Sex offender probation could potentially include the following:

• Polygraph tests
• Curfew Times
• Treatment
• Restrictions on where you can live

Sexual battery is a very serious accusation and with that carries very serious implications. Sexual battery convictions not only result in long prison sentences, but can also brand an individual with a sexual offender or sexual predator label.

If you or someone you know is under investigation for sexual battery here in Florida, immediately contact a Tampa sexual battery attorney experienced in defending these types of cases. Many sexual battery cases involve a he said/she said situation. With that being said, providing a statement to the police as innocent as you may think the statement is, may seal your fate. You have the right to remain silent and request a lawyer. Use those rights.

Call Taracks & Associates Today!

If you are under investigation for, or have been arrested and charged with Sexual Battery of any type here in Tampa, contact Taracks & Associates immediately. Our experienced Tampa sexual battery attorneys are available every day of the year, 24 hours a day to speak with you regarding your situation. Let us use our extensive experience in handling sex cases to help protect your rights and defend your case.