Sexual assault is a serious crime involving the act of forcing unwanted sexual behavior on another person. In Florida, it is a felony offense that carries severe penalties. The specifics of your case will determine whether those penalties are harsher or more lenient. If you are facing sexual assault charges in Florida, it’s critical to hire an aggressive attorney who can defend your rights and protect your reputation.
At The Black Law Company, we have the experience and resources to fight on your behalf. With many years of combined legal experience, our criminal defense team will work tirelessly to secure the best possible outcome for your case. We won’t back down, even when facing the most determined prosecutors.
Sexual assault takes many forms, and penalties vary depending on the circumstances. Crimes involving minors generally carry harsher penalties. Common examples of sexual assault include:
In cases involving minors, Florida law does not recognize consent as a defense. Law enforcement aggressively pursues these charges, and convictions can have lifelong consequences, particularly for repeat offenders.
The penalties for a sexual assault conviction are severe, including felony charges, prison time, fines, and mandatory registration as a sexual offender. Convictions can also indirectly impact your life by making it difficult to find employment, maintain relationships, or secure housing. Possible punishments for sexual assault convictions include:
Sexual assault is among the most serious criminal charges. At The Black Law Company, we defend clients throughout Florida against all types of sex crimes. With our extensive experience and multiple offices across the state, we are equipped to effectively represent you in your sexual assault case.
Under Florida law, sexual assault includes a wide range of offenses, such as rape and sexual harassment. Sexual assaults often occur between individuals who know each other, such as family members, coworkers, or acquaintances. Types of sexual assault include:
An unsuccessful attempt to commit rape.
Unwanted advances or comments of a sexual nature in the workplace or other settings.
Forced or non-consensual sexual intercourse.
Any unwanted physical touch of a sexual nature.
Using threats or manipulation to force someone into sexual activity.
Involves physical violence or the threat of harm to obtain sexual activity.
Engaging in sexual acts with a person who is incapacitated or otherwise unable to consent.
Persistent, unwelcome attempts to initiate sexual interaction.
Sexual activity with someone below the legal age of consent, even if they agree.
Sexual assault also includes behaviors such as stalking and indecent exposure.
Sexual battery, or non-consensual sexual contact, is usually charged as a felony in Florida. The severity of the punishment depends on the circumstances of the case, and penalties can include:
Sexual assault committed by a defendant over 18 years old against a victim under 12 can result in a death sentence.
If the victim is under 12 years old and the defendant is under 18, the sentence can be life in prison. Sexual battery involving a deadly weapon or serious physical harm is also a life felony.
This charge can carry up to 30 years in prison.
A conviction may result in up to 15 years in prison.
Under Florida Statute Section 794.05, it is illegal to engage in sexual acts with a 16- or 17-year-old, even with consent. This is considered statutory rape, a second-degree felony punishable by up to 15 years in prison.
One of the most serious penalties for a sexual assault conviction is mandatory registration as a sexual offender. Registration can have a long-lasting impact on your life, making it difficult to find employment, housing, or maintain relationships. Not everyone convicted of a sexual crime must register, but Florida is strict in its prosecution of sex crimes, and many offenders are required to do so.
Since the alleged victim is often the primary witness in sex crime cases, forensic evidence and testimony are crucial for the defense. Common defenses against sexual assault charges include:
Presenting evidence that disputes the charges, such as polygraph results or psychological evaluations, can prevent indictment.
Common defenses include alibis (proving the defendant wasn’t present during the crime), mistaken identity, or psychological issues preventing the accused from understanding their actions.
The accused may admit to the offense but argue that no crime occurred, such as proving the alleged victim consented to the activity.
In Florida, the statute of limitations dictates how long a victim has to file criminal charges. These time limits vary based on the severity of the crime. For example:
No statute of limitations.
Charges must be filed within four years.
Charges must be filed within three years.
In some cases, such as when the victim is a minor, the statute of limitations may be extended or eliminated.
If you are facing sexual assault charges, the consequences can be life-changing. You need a skilled and experienced Florida attorney who specializes in sexual assault cases. At The Black Law Company, we understand the gravity of these charges and are dedicated to providing you with the best possible defense. Your future is at stake, and you deserve representation that will fight for you.
Contact us today at 813-321-7380 for a confidential consultation.