A person who commits sexual battery upon a person 12 years of age or older
without that person's consent, when the alleged victim is physically
helpless to resist, commits a felony of the first degree, punishable by
a maximum of 30 years in prison.
"Physically helpless to resist" means that a person is unconscious,
asleep, or for any other reason physically unable to communicate unwillingness to act.
This situation arises typically when the parties have been drinking. Now,
there is nothing against the law about two people getting drunk and having
sex. It is against the law to have sex with somebody without their consent
when they are physically unable to resist or to make apparent that consent.
These charges are very serious. Unfortunately, they are too often filed
without a thorough investigation. In many circumstances, if an alleged
victim regrets a night of alcohol-fueled sexual activity, they may claim
that they were "physically helpless" as a means of coping with
a poor personal decision.
Florida's sexual battery statute
outlines the numerous situations in which you can be charged with sexual
battery. Remember, sexual battery is just Florida's term for "rape."
These charges are typically fact-based, meaning that it will often be one
person's word against another's. Also, the physical aspect of
sex is usually not at issue. In other words, both sides may agree that
the two parties had sex. The only thing for a jury to decide is whether
the sex was consensual.
I am a
Miami-Dade County criminal defense attorney who practices in Miami-Dade and Broward. I represent clients who have
been charged with sexual battery.
Sexual battery charges can destroy your life. If convicted, you will become
a sex offender who will be made to register with the county police department.
Your status as a sex offender will be made public.
If you or a loved one is facing sexual battery charges,
call me today
to discuss your matter confidentially.