Capital Sexual Battery Defined
Laws on sexual battery in Florida is considered to be a serious crime with some of the harshest penalties in our criminal justice system according to our Florida Sex Offender Attorneys.
“The law defines sexual battery differently depending on the age of the victim and the age of the abuser. Sexual battery against children less than 12 years of age by those who are older than 18 or in a position of authority or perceived authority is considered capital sexual battery in Florida.” – Florida Capital Sexual Battery Lawyer Jim WeickFlorida Sex Offender Attorneys Must Consider the Plausibility of Challenging the Conduct in Capital Sexual Battery Cases
Florida defines sexual battery as oral, anal, or vaginal penetration or union by a sexual organ or vaginal or anal penetration by any other object. However, this law excludes penetration by objects for bona fide medical reasons.
When a person older than 18 years of age commits sexual battery or injures the sexual organs of a person under 12 during an attempt to commit sexual battery, Florida law deems it to be capital sexual battery.
When a person who is a familial or legal custodian or authority figure or is perceived by the victim to be such a figure, commits sexual battery of a victim who is less than 12 years old with or without their consent, it is deemed to be capital sexual battery. – Florida Capital Sexual Battery Lawyer Jim Weick
Penalty for Florida Sex Offenders of Capital Sexual Battery:
The penalty for a capital sexual battery in Florida is capital punishment or the death sentence according Sex Crime Attorney Jim Weick. This means that the sentencing court has the right to sentence the convicted person to death or convict them to life imprisonment without parole. – Florida Capital Sexual Battery Lawyer Jim Weick
If the death penalty is then held unconstitutional by the Florida Supreme Court, the sentence will be reduced to life imprisonment without parole. – Florida Capital Sexual Battery Lawyer Jim Weick
In addition, the before the judge can impose a capital punishment or a death sentence after the conviction, the judge has to follow a few additional procedures. – Florida Capital Sexual Battery Lawyer Jim Weick
The jury that convicted the accused or a fresh jury has to determine whether the convict should receive the death penalty. After the determination of the jury, the judge concerned needs to provide in writing the reasons why the capital sexual offender deserves a death penalty. However, under Florida law, a person convicted of sexual battery against a victim who is less than 12 years of age can be awarded the death sentence. – Florida Capital Sexual Battery Lawyer Jim Weick
In order to convict a person accused of capital sexual battery against a child less than 12 years of age the prosecution needs to prove beyond reasonable doubt that the accused was more than 18 years old at the time of the act and that the victim was less than 12 years old. Additionally, the prosecution has to prove oral, anal, or vaginal penetration or union by a sexual organ or anal or vaginal penetration by any other object. If the prosecution cannot prove penetration, it has to prove injury to the sexual organs of the victim and that the accused intended to commit sexual battery. – Florida Capital Sexual Battery Lawyer Jim Weick
In defending a person accused of sexual battery of a person under 12 years of age, the defense can question the age of both the victim and the accused. Additionally, if the person accused of sexual battery was a guardian or custodian of the child, the defense can show that the vaginal or anal penetration by an object was for a bona fide medical reason. Additionally, if the sexual organs of the child are injured without any penetration having taken place, the accused has the option of explaining how the injuries occurred without the intent to commit sexual battery. – Florida Capital Sexual Battery Lawyer Jim Weick
Since sexual battery of a child under the age of 12 by a person older than 18 years is considered a serious crime in Florida and almost all other states, this is designated as capital sexual battery and penalized accordingly. – Florida Capital Sexual Battery Lawyer Jim Weick
Death Sentence for Capital Sexual Battery In Florida
Florida Sexual Battery Statutes
Attorney Jim Weick
1 Financial Plaza Suite 2024
Fort Lauderdale, FL 33394