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Sexual Battery Statutes in Florida

In Florida law, the term “rape” was replaced with the more complicated term “sexual battery.” Under the most recent set of laws, the penalty for sexual battery depends on a number of factors, including how much force was used. For example, the penalties will be more serious if a weapon or threat of violence was used. The penalties also change based on the ages of the people involved. For example, a sex crime against a person who is younger than 12 years old is often punished more severely than the same crime against a 17-year-old.

If you or a loved one has been accused of sexual battery, contact an attorney at The Defense Group via our website or call us at 407-831-1956 for a free consultation. We are available 24 hours a day in case of emergency, and we are willing to arrange appointments for nights or weekends.


“The term “rape” is pretty well know, but in Florida it’s been replaced by the term “sexual battery.” Rape is what they call it in common law when one person forced their sexual attentions on another person, usually with physical threat or just by overcoming them. That’s been replaced by a much more complicated set of statutes that deal with sexual battery. It changes depending on what kind of force was used. For example: if a weapon is used, it’s more serious. If a threat of physical violence was used, it’s more serious. If a threat of violence against some other family member was used, it’s more serious.

If a child is involved, there’s a whole set of statutes that deal with sexual offenses against children and there’s some time frames. For example: if you commit a sexual battery on a child under the age of 12 and you’re convicted of that, there is only one penalty. It’s not a range from here to here or there to there, it’s life in prison.

If the child is between the ages of 12 and 16, it’s still very, very serious but it’s not automatic life imprisonment. If it’s 16 to 17 it’s a little different and 17 has almost like its own set of rules and regulations. You’re a child until you’re 18 so some statutes which talk in terms of children, include a child who is 17 years, 11 months, 29 days old, been pregnant twice, married once – still a child. All right?

If you’re under 16, then there’s a whole set of statutes that even things less than full sexual battery … exposing yourself, sexual conduct, sexual activity, solicitation. Using the internet for sex crimes has become a very major set of offenses.”