What Is Sexual Battery and What Are the Penalties in Florida?

Sexual Battery is often used to describe rape. However, that’s not necessarily the only type of crime that falls under the term “sexual battery” as used in Florida law. Florida defines sexual battery as when one party makes unwanted sexual contact with another person where there is an element of penetration. To break this down, an accusation of sexual battery means that an individual has been accused of oral penetration with the genitals, or anal, or vaginal penetration by the genitals or an object

Another charge, called lewd and lascivious molestation may be charged in cases that do not involve penetration, but nevertheless consist of an allegation of fondling of the female breasts or a person’s genitals

In sexual battery crimes, an essential element is a lack of consent. 

Under Florida law, consent is defined as “intelligent, knowing, and voluntary consent…consent should not be construed as a failure by the alleged victim to physically resist the offender.” A few instances when consent is not able to be given include: 

• When the victim is severely intoxicated
• If the victim is under 18, or in some cases under 16 years of age (depending on the defendant’s age) 
• If the victim is being forced or coerced to comply 
• The victim lacks the mental capacity to understand the situation
• The victim is unconscious