Florida Statute §794.011 | Classification: Second-Degree Felony to Life Felony
What Is This Charge?
Sexual battery in Florida (commonly referred to as rape) is oral, anal, or vaginal penetration by or union with the sexual organ of another person, or anal or vaginal penetration by any other object, without the consent of the other person.
Penalties & Fines
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Victim 18+, no aggravating factors: Second-Degree Felony — up to 15 years
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With physical force likely to cause serious injury: First-Degree Felony — up to 30 years
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Victim 12–17: First-Degree Felony — up to 30 years
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Victim under 12, offender under 18: Life Felony — up to life in prison
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Victim under 12, offender 18+: Capital/Life Felony — mandatory life without parole
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Mandatory sex offender registration — often lifetime
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Lifetime residency and employment restrictions
Additional Consequences
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Permanent loss of civil rights
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GPS monitoring as a condition of probation
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Prohibition from contact with minors in many cases
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Immigration consequences — permanent bar and deportation
Possible Defenses
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Consent — the alleged victim consented to the sexual activity
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Mistaken identity — you were not the person involved
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The act as described did not occur
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Inconsistencies in the accuser’s account
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Improper collection or handling of forensic evidence (DNA, SANE exam)
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False allegations motivated by personal conflict or relationship issues
Why You Need a Defense Attorney
Sexual battery is one of the most serious and life-altering charges a person can face. The consequences — including mandatory life sentences in some cases and lifetime registration — demand the most skilled and experienced defense available. An attorney will challenge every piece of evidence from DNA collection to the accuser’s credibility.
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