Sexual Battery in Florida
- Erica Fontanez
- Jul 16
- 2 min read
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
Victim 18+, no aggravating factors: Second-Degree Felony — up to 15 years
With physical force likely to cause serious injury: First-Degree Felony — up to 30 years
Victim 12–17: First-Degree Felony — up to 30 years
Victim under 12, offender under 18: Life Felony — up to life in prison
Victim under 12, offender 18+: Capital/Life Felony — mandatory life without parole
Mandatory sex offender registration — often lifetime
Lifetime residency and employment restrictions
Additional Consequences
Permanent loss of civil rights
GPS monitoring as a condition of probation
Prohibition from contact with minors in many cases
Immigration consequences — permanent bar and deportation
Possible Defenses
Consent — the alleged victim consented to the sexual activity
Mistaken identity — you were not the person involved
The act as described did not occur
Inconsistencies in the accuser's account
Improper collection or handling of forensic evidence (DNA, SANE exam)
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.
Call today for a free consultation: (813) 888-8888 | Email: erica@fllegaldefense.com
Serving Hillsborough, Pinellas, Pasco, and Polk Counties. Virtual consultations available.
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