What is Sexual Battery Victim 12 Years of Age or Older in Florida?

The crime of Sexual Battery Victim 12 Years of Age or Older is a First Degree Felony that is punishable by 30 years in prison and a $10,000 fine.

This crime occurs when a:

1. Person committed an act upon or with victim in which the sexual organ of the person or victim penetrated or had union with the anus, vagina, or mouth of the person or victim, or Person committed an act upon or with victim in which the anus, vagina of person or victim was penetrated by an object. 
2. The person’s act was committed without consent of the victim.
3. At the time of the offense, the victim was 12 years of age or older but younger than 18, or at the time of the offense, the victim was 18 years of age or older.
4. At the time of the offense, the person committing the act was 18 years of age or older, or at the time of the offense, the defendant was younger than 18 years of age.

“An Object” includes a finger.

“Consent” means intelligent, knowing, and voluntary consent and does not include coerced submission.  Consent does not mean the failure by the alleged victim to offer physical resistance to the offender.

Some of the defenses to Sexual Battery Victim 12 Years of Age or Older are:

• Person did not commit a sexual act.
• There was consent.  
• There was no penetration.

References:

Gould v. State: On physical force.  

Contact Criminal Defense Attorney Glenn M. Swiatek for a Free Initial Consultation

If you have been arrested or believe you will soon be arrested for the offense of Sexual Battery Victim 12 Years of Age or Older in Destin, Shalimar, Crestview, Ft. Walton Beach or other areas of Northwest Florida please call us today at (850) 609‑0940 or contact us online.

Initial Office Consults are free, and I will make myself available to suit your schedule. Get the peace of mind that an attorney with over twenty-three years of criminal law experience can bring.