In Florida, aggravated sexual assault against a child is governed by Florida Statute 794.011 and is considered a severe offense. Florida law categorizes sexual assault based on the victim’s age, the offender’s age, and aggravating factors such as the use of force, threats, or a position of authority. Sexual assault can be defined as unwanted sexual acts with a victim.
Sexual assault becomes aggravated if there is force, violence, or threats made against the victim. Additionally, sexual assault can become aggravated if the victim is severely injured or incapacitated.
Brooksville Sexual Assault Lawyer
If you or a loved one has been charged with aggravated sexual assault against a child, do not hesitate to contact the Law Office of Ashley Aulls at (352) 593-4115. The Law Office of Ashley Aulls can help you or your loved one with your case.
Information Center for Aggravated Sexual Assault Against a Child
What is Aggravated Sexual Assault Against a Child?
Aggravated sexual assault involves non-consensual sexual acts committed under violent or coercive circumstances. This typically includes factors like the use of weapons, bodily harm, threats to the victim’s life, or assaulting vulnerable individuals such as minors. In Florida, a child is defined as anyone under the age of 18. Here are some examples:
1. Sexual Assault of a Child Under 12 by an Adult (Capital Felony)
- Scenario: A 35-year-old man sexually assaults a 9-year-old girl in her home while babysitting. He uses force to overpower her, causing both physical and emotional harm.
- Aggravating Factor: The victim is under 12 years old, and the offender is an adult (18 years or older). This is automatically considered an aggravated offense due to the victim’s age.
2. Sexual Battery Involving a Deadly Weapon
- Scenario: A 28-year-old man abducts a 14-year-old boy from a playground and takes him to a secluded area, where he sexually assaults him while holding a knife and threatening to kill him if he resists.
- Aggravating Factor: The offender used a deadly weapon during the assault, elevating the crime to an aggravated offense.
3. Sexual Battery with Physical Force and Serious Injury
- Scenario: A 40-year-old man brutally assaults a 14-year-old girl after dragging her into a secluded area. He beats her before the assault, causing broken bones and other severe injuries.
- Aggravating Factor: The use of severe physical force that caused serious bodily harm to the victim.
- Penalties: First-degree felony, punishable by up to life imprisonment.
4. Drug-Facilitated Sexual Assault on a Child
- Scenario: A 22-year-old man drugs a 12-year-old girl by spiking her drink at a party. Once she is unconscious, he takes her to a private room and sexually assaults her.
- Aggravating Factor: The offender used drugs to incapacitate the child, rendering her unable to consent or resist.
Penalties
The penalties for sexual assault (sexual battery) against a child in Florida depend on the child’s age, the presence of aggravating factors (such as force, threats, or incapacitation), and the nature of the crime. Here is a detailed breakdown of the penalties based on the circumstances:
Sexual Battery on a Child Under 12 Years Old
- Capital Felony (if the offender is 18 years or older):
- Penalties: Life imprisonment without the possibility of parole or the death penalty.
- Life Felony (if the offender is under 18):
- Penalties: Life imprisonment without the possibility of parole.
Sexual Battery on a Child 12 to 18 Years Old
- First-Degree Felony (if force, threats, or incapacitation are used):
- Penalties: Up to life imprisonment.
- Minimum Sentence: At least 30 years in prison if the offender is 18 or older.
- Second-Degree Felony (if no force or threats of violence are used):
- Penalties: Up to 15 years in prison.
- Fine: Up to $10,000.
Defenses
Common defenses to aggravated sexual assault charges under Florida Statute 794.011 include:
False Accusation:
- Proving that the accusation was made falsely or maliciously.
Mistaken Identity:
- Providing evidence that the accused was not the perpetrator.
Lack of Evidence:
- Challenging the prosecution’s evidence and arguments.
Insanity or Mental Illness:
- Demonstrating that the defendant was not in a mental state to understand their actions.
Additional Resources
- Florida Statute 794.011– Details regarding the legal definitions and penalties associated with aggravated sexual assault against a child.
- Florida Sexual Offender and Predator Registry – The Florida Department of Law Enforcement maintains a public registry of sexual offenders and predators. You can search for information on convicted sex offenders living in Florida.
Contact a Lawyer in Hernando County
If you or a loved one has been charged with aggravated sexual assault against a child, do not hesitate to contact the Law Office of Ashley Aulls at (352) 593-4115.
Ashley Aulls can represent you in any hearing in Hernando County, Pasco County, Citrus County, and Sumter County, FL. To schedule your initial case consultation with Brooksville defense lawyer Ashley Aulls, call (352) 593-4115 today.