Oh, Philip, what have you done?
What is Florida Sexual Assault and Abuse Law?
Attorney John Musca
By Attorney John Musca - Criminal Lawyer Florida
Musca Law - Sex Crimes Lawyers Florida Musca Law
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Musca Law is a full-service criminal defense firm with 23 offices in Florida, serves clients throughout the state. Practice areas include child pornography and other sex crimes, federal crimes, DUI (drunk driving) charges, traffic offense, theft crimes, drug charges, violent crimes, juvenile offenses, white collar crime, probation violations, and other felonies and misdemeanors.
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The penalties for conviction of sexual assault or sexual abuse in Florida are severe. Individuals who are being charged with a sex crime in Florida should be aware of the nature of the charges against them, the possible consequences they face upon conviction, potential defenses that they may be able to raise and other important information related to these charges.
Sexual Assault Charges in Florida
Sexual assault includes any unwanted sexual contact that is made against another. Florida's statute includes oral, anal or vaginal penetration by another or a foreign object in its definition. Most commonly, these charge arise when one person tries to force another to take part in an unwanted sexual act against his or her will.
Sexual assault victims often face a great deal of fear, shame and emotional trauma. Victims of sexual abuse may have difficulty forming and maintaining personal relationships in the future. Victims often state how the incident affects the rest of their life. Prosecutors often believe victims of these crimes due to the sensitive nature of them and may be more aggressive in their pursuit than in other crimes. These cases often rely heavily on the victim's testimony. These charges are some of the most difficult to defend, increasing the importance of acquiring an experienced criminal defense lawyer for assistance.
Sexual abuse is defined under Florida law as the forcing of unwanted sexual activity on another individual through coercion or threats. Sexual abuse may be charged when an adult takes pictures of a child in the nude, touches the child in an inappropriate manner or acts in a sexual manner toward the child. These crimes are often committed by someone familiar with the child, such as a relative or neighbor.
Penalties for Sexual Assault or Sexual Abuse in Florida
Because of the significant consequences that the victim of sexual assault or abuse can face and the public pressure associated with sex crimes convictions, the penalties for this crime have increased over time. Sexual assault is considered a felony, even when the act was only attempted and not committed. The most serious consequence a person faces is imprisonment for a number of years or even life if convicted. Sexual assault can result in a second degree felony conviction, which is punishable by up to 15 years in prison and fines up to $10,000. It can also be charged as a capital or life felony with the possibility of life imprisonment and fines up to $15,000.
Sexual battery of a child in Florida is penalized heavily. If the victim is under age 12 and defendant is also a minor, the defendant may be charged with a life felony with a minimum of at least 25 years in prison. If the offender is 18 or older, the defendant may be given a death sentence for the defendant. If the child is over 12, a prison sentence of up to 15 years may be imposed.
Additionally, a person convicted of an offense of this nature often must register as a sex offender. Convicted individuals may have to pay significant fines. They may be required to fulfill a term of probation or parole and wear a tracking device.
The actual sentence that is imposed depends on a number of factors, including the age of the victim, the age of the offender and the circumstances surrounding the offense. For example, when the defendant is 18 or older and the victim is younger than 12, sexual assault charges may result in a capital felony which carries a minimum of 25 years in state prison before becoming eligible for parole. When a weapon is used or threatened to be used, a life felony may be charged, carrying with it a potential life term in prison and hefty fines.
If the offender is under 18 and the victim is under 12, life imprisonment may be imposed. If drugs were used to incapacitate the victim or the victim was physically or mentally incapacitated and could not resist, the defendant may face up to 30 years in prison in addition to fines. If physical force was not used, a second degree felony with up to five years in prison may be charged. In addition to considering the age of the victim and offender, the court can consider the severity of the abuse and the number of independent instances of abuse.
A mandatory 25-year prison sentence can result if the defendant is considered a dangerous sexual offender. This status can apply when the defendant caused serious injury, the defendant used or threatened to use a deadly weapon, the defendant committed the offense on more than one person or the defendant had a prior sex crime conviction. Other circumstances exist in which the defendant may face additional penalties and enhancements in sentencing due to his or her prior criminal history.
In addition to the possibility of the criminal penalties described above, individuals convicted of sexual assault or sexual abuse often face additional consequences. Sexual abuse or assault charges have some of the most far-reaching consequences of any criminal charges. Often, individuals begin to experience the negative consequences when they are first suspected of the crime and before any conviction results.
Due to their sex offender registration status, convicted offenders may be restricted as to where they may live. They may be prohibited from living in subsidized housing. Their employment opportunities may be limited. They may lose their current job or be unable to find employment because of their criminal record. They may be unable to secure student loans in order to enroll in college and increase their earning capacity. They may be unable to acquire a professional license or work around children. There are websites that neighbors can use to find sex offenders in their area, which may lead to harassment by others and a negative social stigma in their community.
Additionally, individuals who are convicted of a sexual offense may be deprived of their custody or visitation rights to their own children. Individuals who are convicted of this crime or even when they are not may still be subject to civil consequences. Victims can seek damages for medical expenses, psychological treatment and pain and suffering by pursuing an independent civil lawsuit.
Sex Offender Registration in Florida
After conviction of most sex crimes in Florida, the defendant is required to register as a sex offender. This database is controlled by the government. Information is updated about the offender's location and place of employment. Neighbors and employers can request information about sex offenders in their location. Sex offender registration prohibits sex offenders from living by schools or other places where children are commonly present.
