In Florida, it is a felony to commit a sexual crime against a physically helpless victim. Persons that are especially vulnerable to assault, such as those who are physically, mentally, developmentally or temporarily helpless have special protection detailed under Florida statutes within TITLE XLVI CRIMES CHAPTER 794 Sexual Battery. Persons who are accused of this crime should understand the ramifications of charges for Florida sex crimes and the need they have for immediate legal counsel. Musca Law attorneys are experienced in all areas of Florida law; they can help you protect your freedom and rights if you call them first, before you make a statement to anyone else.
Florida Definition of Physically Helpless
Under Chapter 794.001, section (e) defines “physically helpless” as a victim that is unconscious, asleep, or for any other reason physically unable to communicate unwillingness to an act. This is important because with Florida sex crimes, non-consent is an element of the crime. A person that is unable to physically or verbally communicate their unwillingness to participate in sexual conduct cannot give their consent. Not knowing the victim is physically helpless is not a defense against this sex crime.
Mandatory Prison Sentence
Like other sex crimes in Florida, a sexual assault upon a physically helpless victim will mean mandatory prison time and a legal mandate to register forever on the National Sex Offender Registry.
- Conviction will bring at least 5 years incarceration and permanent restrictions.
- Offenders cannot live wherever they wish; they have lifestyle and work restrictions that are permanent.
- The offender’s name, photo and offense will be made public.
- If this sex crime is a pattern or is combined with other sexual offenses against this victim, they will receive a more severe sentence.
Get a Strong Defense Team
If you are the subject of a sex crime investigation and have been told you will be charged with that crime, you need an attorney to speak on your behalf. You are assumed innocent until proven guilty; do not make statements or admissions of guilt prior to consulting with a Musca Law sex crime attorney. In many instances, attorneys work as a team to provide the best legal strategy against a situation that is sensitive and highly challenging.
Call now for a free review of your case; get the best criminal defense you can before your freedom is taken away. Musca Law sex crime attorneys know how to fight aggressively and relentlessly for their clients to achieve the best possible outcome. Call them now at (800) 687-2252, or email your information to a Musca Law sex crime attorney on the website contact form. Visit offices throughout Florida and in larger cities of Miami, Tampa, Jacksonville or Orlando.
