Are Sexual Battery And Statutory Rape The Same Crime Under Florida Law?
If you do not have a legal background, it is understandable to that you would be confused about the similarities and differences between these two sex crimes. Florida’s criminal statutes on sexual battery cover what is familiarly known as rape, but it also includes a provision on statutory rape based upon the ages of the offender and victim. Plus, you will not find the term “statutory rape” in the laws, making it difficult to determine what constitutes a violation. You could face charges involving lewd or lascivious misconduct, and certain offenses in this category rise to the level of a felony.
Considering the subtle differences between the crimes and potential for harsh punishment, you should make it a priority to retain a Fort Lauderdale sexual battery lawyer the moment you are arrested. Some answers to frequently asked questions also explain how statutory rape and sexual battery are not the same.
What is the difference between sexual battery and statutory rape? The baseline for sexual battery is having oral, anal, or vaginal contact with another person against his or her will, through use of a sex organ or object. Statutory rape is referred to as “lewd and lascivious” battery, and it occurs when an adult has consensual sexual relations with a child between 12 and 16 years old.
Is sexual battery a felony in Florida? Without any enhancements due to aggravating factors, sexual battery is a Second Degree Felony. If convicted, you face up to 15 years in prison, a $10,000 fine, and the requirement to register as a sex offender. Aggravated sexual battery is a First Degree Felony punishable by 30 years’ incarceration if the offender uses a weapon, or when the victim is physically helpless, incapacitated, or threatened.
However, aggravated sexual battery may be charged as a Life Felony when the victim is between 12 and 18 years old, and any of the aggravating factors are present. The crime becomes a Capital Felony when the acts involve a child under the age of 12.
What happens if I am convicted of statutory rape? Lewd and lascivious battery is a Second Degree Felony that incorporates the penalties described above, including the registration requirement. There is an exception under Florida’s “Romeo and Juliet” law, which aims to protect younger individuals who engage in consensual sexual activity. The statute operates to eliminate the requirement to register as a sex offender; it does NOT create a defense to the charges. There are strict criteria to take advantage of the Romeo and Juliet law: It only applies when the child is 14 to 17 years old AND the offender is no more than 4 years older.
Set up a Consultation with a Broward County Criminal Defense Lawyer
Sexual battery and statutory rape may be covered by the same section of the criminal code, but this information explains how key differences could impact your case. For more information on defense options, please contact attorney Kevin J. Kulik in Fort Lauderdale. Our team serves clients throughout South Florida in a wide range of criminal matters, including sexual battery allegations.
Source:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0794/Sections/0794.011.html
