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Rape

Rape is largely considered the most serious sexual offense a person can be accused of, and prosecutors aggressively pursue maximum punishments for alleged offenders in such cases. Rape is commonly referred to as sexual assault in many other jurisdictions, but the crime is referred to as sexual battery under state law in Florida.

Sexual battery is defined 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,” although that definition does not include an act done for a bona fide medical purpose. The major point of contention in most sexual battery cases revolves around consent, as alleged offenders often believe alleged victims consented to sexual activity or allegations are simply false.

Lawyer for Rape Arrests in Brooksville, Florida

If you think that you might be under investigation or you were already arrested in Central Florida for an alleged sexual battery offense, it is in your best interest to exercise your right to remain silent until you have legal representation. The Law Office of Ashley Aulls, P.A. aggressively defends clients accused of sex crimes in Brooksville, Weeki Wachee, New Port Richey, Inverness, Spring Hill, Wildwood, and many surrounding areas of Hernando County.

Brooksville criminal defense attorney Ashley Aulls will work tirelessly to possibly get your criminal charges reduced or dismissed. He can provide a complete evaluation of your case as soon as you call (352) 593-4115 to schedule an initial consultation.

Charges for Rape in Florida

The classification of an alleged sexual battery offense depends on several factors, including the ages of the alleged offender and alleged victim, the alleged offender’s prior criminal record, and whether an alleged offender used or threatened to use force or violence likely to cause serious personal injury. Sexual battery is a third-degree felony under Florida Statute § 794.011(8)(a) if an alleged offender in a position of familial or custodial authority solicits an alleged victim less than 18 years of age to engage in any act which would constitute sexual battery, regardless of the willingness or consent of the alleged victim.

An alleged offender will be charged with a second-degree felony under Florida Statute § 794.011(5)(b) if he or she is 18 years of age or older and commits sexual battery upon an alleged victim 18 years of age or older, without that person’s consent, and in the process does not use physical force and violence likely to cause serious personal injury. It is also a second-degree felony under Florida Statute § 794.011(5)(c) if an alleged offender younger than 18 years of age commits sexual battery upon a person 12 years of age or older, without that person’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 under Florida Statute § 794.011(4) when:

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 person’s consent, under any of the circumstances listed in Florida Statute § 794.011(4)(e);

An alleged offender 18 years of age or older commits sexual battery upon an alleged victim 18 years of age or older without that person’s consent, under any of the circumstances listed in Florida Statute § 794.011(4)(e);

An alleged offender younger than 18 years of age commits sexual battery upon an alleged victim 12 years of age or older without that person’s consent, under any of the circumstances listed in Florida Statute § 794.011(4)(e);

An alleged offender commits sexual battery upon an alleged victim 12 years of age or older without that person’s consent, under any of the circumstances listed in Florida Statute § 794.011(4)(e) and such person was previously convicted of a violation of:

First-degree felony kidnapping or third-degree felony false imprisonment when the violation involved a victim who was a minor and, in the course of committing that violation, the alleged offender committed sexual battery against the minor or a lewd act under Florida Statute § 800.04 or Florida Statute § 847.0135(5);

Life felony kidnapping upon a child under the age of 13 and, when the violation involved a victim who was a minor and, in the course of committing that violation, the alleged offender committed sexual battery, lewd or lascivious battery, lewd or lascivious molestation, lewd or lascivious conduct, or lewd or lascivious exhibition;

First-degree felony false imprisonment upon a child under the age of 13 and, when the violation involved a victim who was a minor and, in the course of committing that violation, the alleged offender committed sexual battery, lewd or lascivious battery, lewd or lascivious molestation, lewd or lascivious conduct, or lewd or lascivious exhibition;

Lewd or lascivious offenses committed upon or in the presence of persons less than 16 years of age;

Lewd or lascivious offenses committed upon or in the presence of an elderly person or disabled person;

Lewd or lascivious exhibition using a computer; or

Chapter 794 of the Florida Statutes, excluding Florida Statute § 794.011(10).

The circumstances that apply to the first-degree felony offenses listed above under Florida Statute § 794.011(4)(e) include the following:

The alleged victim was physically helpless to resist;

The alleged offender coerced the alleged victim to submit by threatening to use force or violence likely to cause serious personal injury on the alleged victim, and the alleged victim reasonably believed that the alleged offender had the present ability to execute the threat;

The alleged offender coerced the alleged victim to submit by threatening to retaliate against the alleged victim or any other person, and the alleged victim reasonably believed that the alleged offender had the ability to execute the threat in the future;

The alleged offender, without the prior knowledge or consent of the alleged victim, administered or had knowledge of someone else administering to the alleged victim any narcotic, anesthetic, or other intoxicating substance that mentally or physically incapacitates the alleged victim;

The alleged victim is mentally defective, and the alleged offender had reason to believe this or has actual knowledge of this fact;

The alleged victim was physically incapacitated; or

The alleged offender is a law enforcement officer, correctional officer, or correctional probation officer as defined in Florida Statute § 943.10(1), (2), (3), (6), (7), (8), or (9), who is certified under Florida Statute § 943.1395 or is an elected official exempt from such certification by virtue of Florida Statute § 943.253, or any other person in a position of control or authority in probation, community control, controlled release, detention, custodial, or similar setting, and such officer, official, or person is acting in such a manner as to lead the victim to reasonably believe that the alleged offender is in a position of control or authority as an agent or employee of the government.

Sexual battery is a life felony under Florida Statute § 794.011(2)(b) if an alleged offender less than 18 years of age 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. It is also a life felony under Florida Statute § 794.011(3) if 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, or under Florida Statute § 794.011(8)(c) if an alleged offender who is in a position of familial or custodial authority to a person less than 18 years of age engages in any act with that alleged victim while the person is less than 12 years of age which constitutes sexual battery, or in an attempt to commit sexual battery injures the sexual organs of such person.

Under Florida Statute § 794.011(2)(a), sexual battery is a capital felony 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.

Florida Rape Penalties

Convictions for sexual battery in Florida can result in the following sentences, depending on how an alleged offense is graded:

Third-Degree Felony — Up to five years in prison and/or fine of up to $5,000;

Second-Degree Felony — Up to 15 years in prison and/or fine of up to $10,000;

First-Degree Felony — Up to 30 years in prison and/or fine of up to $10,000;

Life Felony — At least 30 years up to life in prison and/or fine of up to $15,000; and

Capital Felony — Punishable by the death penalty.

Sexual battery convictions also result in alleged offenders being classified as sexual predators, meaning these individuals are required to register as sex offenders for life with no possibility of being removed from the registry or expunging the offenses from their criminal records. Additionally, people convicted of felony offenses in Florida also lose their right to possess a firearm and can become ineligible for professional licenses or have them suspended or revoked.

Florida Rape Offense Resources

Dawn Center of Hernando County — Dawn Center of Hernando County is a nonprofit organization and certified domestic and sexual violence center “dedicated to creating social change in the community and breaking down the barriers of stigma, silence, and shame.” Visit this website to learn more about the organization’s outreach, emergency support, and community awareness efforts. You can also find additional information about sexual violence and primary prevention.

Sunrise Of Pasco County, Inc. — Sunrise Of Pasco County is a full-service domestic violence and sexual assault center supported in part by the Department of Children and Families, United Way of Pasco County, Victims of Crime Act, Violence Against Women Act, the Department of Health, and through private foundations. On this website, you can learn more about Sunrise’s mission, vision, and history. You can also view a calendar of upcoming events and find ways to get help.

The Law Office of Ashley Aulls, P.A. | Brooksville Rape Defense Attorney

Were you arrested or do you believe that you could be under investigation for alleged sexual battery anywhere in Central Florida? No matter how confident you are in your innocence, you should still refuse to say anything without legal counsel. Contact The Law Office of Ashley Aulls, P.A. as soon as you can.

Ashley Aulls is an experienced criminal defense lawyer in Brooksville who represents individuals in communities throughout Sumter County, Pasco County, Hernando County, and Citrus County. Call (352) 593-4115 or submit an online contact form to have our attorney review your case and answer all of your legal questions during a confidential consultation.