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Florida’s Sexual Battery Statute

Sexual Battery or Rape?

Unfortunately, most of us understand the word RAPE from bad Hollywood movies. A man or group of men violently attacks an unsuspecting victim. That example is simple and ubiquitous in popular entertainment. Offenses, like this, however, are usually never that simple. Consider the word itself. Florida Law defines what most of us call RAPE as Sexual Battery. Therefore, we need to be clear about this charge.

Defining Sexual Battery

Now let’s clarify how Florida Law specifically defines “Sexual Battery”. Florida Statute 794.011(h) establishes the facts which must be present:

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; however, sexual battery does not include an act done for a bona fide medical purpose.

Defining Force

Many people might believe that the State must have evidence that the offender applied force to the victim. This is a common misconception. What must be understood is the level of force necessary to commit the offense. Florida statue 794.005 specifically states that the offender does not have to apply any physical force beyond what is necessary for penetration. The State Attorney can bring a sexual battery charge without obvious visible signs of physical abuse on victim:

...it was never intended that the sexual battery offense described in s. 794.011(5) require any force or violence beyond the force and violence that is inherent in the accomplishment of penetration or union

As stated above, that statue gives the State Attorney the power to bring a sexual battery charge without clear physical evidence of a crime. However, a lack of physical evidence will usually have a dramatic impact on the outcome of your case. Consider what was said in the opening video of our site: "There are many reasons that people make false allegations: financial gain, custody disputes, and even revenge can motivate someone to lie." If we find in our investigation that your accuser is motivated for one of the reasons above, then a lack of physical evidence bolsters your defense considerably. It could mean that the State attorney might drop the charges entirely. Whatever the facts are, we can discuss the evidence or lack of it when we confer with you.

You now have crucial pieces of information: how Florida law generally defines a sexual battery charge and that force is not necessarily required for the prosecutor to bring a charge. Depending on the circumstances of your case, you also have a better understanding of a defense against these allegations. These are not, however, the only dangerous assumptions many people make about sexual battery, far from it.

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