Florida sex crime legislation provides specific laws designed to protect vulnerable victims who are mentally incapacitated. All sex crimes in the state of Florida carry a mandatory sentence of prison time, from 5 years to life. In addition, violations of federal statutes may result in longer sentencing. If you have been accused of a sexual battery crime or other sex offense against a mentally incapacitated victim, you need to know that your freedom is in jeopardy. A call to Musca Law sex crime attorneys is the first step to take if you are under suspicion of having committed any Florida sex crime.
What is Mentally Incapacitated?
In this statute, the state of Florida defines “Mentally incapacitated” as:
- “…temporarily incapable of appraising or controlling a person’s own conduct due to the influence of a narcotic, anesthetic, or intoxicating substance administered without his or her consent or due to any other act committed upon that person without his or her consent.”
Nonconsent is a factor in sex crime charges. Some defense strategies rely upon proving that there was consent between the suspect and alleged victim.
The 2011 Florida Statutes include sex crimes against mentally incapacitated persons under TITLE XLVI CRIMES, CHAPTER 794 “Sexual Battery” laws. Sexual battery includes rape and other sex crimes; these charges are felony crimes that mandate time in prison. After release, convicted sex offenders and sexual predators have firm requirements to advise the state authorities about their living and work status on a regular basis. Even after release, the state can force sex offenders into a parole program that means going to a civil commitment facility to live.
Problems that Result from Conviction on Florida Sex Crimes
Long-term effects of being convicted of sex offenses against a mentally incapacitated victim include being listed on the National Sex Offender Registry. Expect a lifetime of issues if you are charged or convicted for a Florida sex crime:
- Continual problems will arise due to this type of felony and status as a sex offender.
- Where you live, work, play and travel will be restricted; you may be forced to adhere to a curfew.
- Employers may not want to even look at your application for work, and some will need to provide special protections for children that might be in close proximity to your worksite if you work for them.
Extremely Severe Penalties
The state will pursue sexual predators and offenders relentlessly to gain a conviction and take away freedoms. Penalties for committing sexual battery against a mentally incapacitated victim are extremely severe. Extensive experience with defending clients against Florida sex crimes is the norm for attorneys at Musca Law. You can expect legal veterans to handle your case in an aggressive and proactive manner that gets you the best possible results. Musca strives to preserve your innocence and freedom.
Mandatory prison time is a given for those convicted of sex crimes in Florida. You will spend from 5 years to life incarcerated. Some crimes that result in victim death will carry the death penalty for the offender. Starting an early and skilled defense is the best answer if you have been asked about your possible involvement in any Florida sex crime.
Call Musca Law immediately and get a free case review from their experienced sex crimes attorneys. Call now, (800) 687-2252, or submit the website form to establish contact with a Musca Law attorney. Musca Law sex crime attorneys work with clients nationwide. Offices are nearby in many Florida cities, including Jacksonville, Orlando, Tampa and Miami.
