Sexual Battery with Special Circumstances is a sex crime charge that can be used to include several specific situations. It may be used when multiple offenses against one or more victims meet the criteria of several different subsections of the statute as set forth in the 2011 Florida Statutes listed under CHAPTER 794 Sexual Battery.
The prosecutor may attempt to assert that sexual battery has taken place and that the offense is made more serious because one or more of these “special circumstances” can be applied to the crime. The statute defines “sexual battery” in Chapter 794.011 (h) as “oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object; however, sexual battery does not include an act done for a bona fide medical purpose”.
What are Special Circumstances?
In attempting to protect the public against sexual offenders, the state of Florida has identified certain circumstances that apply to a victim’s ability to resist an assault. These include the following special situations for sex crimes that involve victims over the age of 12:
- The victim is mentally defective
- The victim is mentally incapacitated
- The victim is physically helpless
- The victim is physically incapacitated
- The accused committed sexual battery as defined in the statute
Key points here are that these special circumstances point out that the victim was unable to give consent, unable to resist the sexual assault, unable to flee the scene, unable to understand the assault, or to otherwise remove themselves from the situation or fight off the offender.
Penalty for Sexual Battery with Special Circumstances
Persons accused of this sex crime need to understand that it is an extremely serious offense. The testimony of the victim may be sufficient to obtain a conviction. If you are convicted of a Florida sex crime, there will be repercussions for the rest of your life. A strong defense from the first moment you are accused of this crime is your best course of action.
Get Defense Help Now
Musca Law attorneys can help preserve your freedom and lifestyle if you have been charged with a Florida sex crime. They have over 100 years combined experience defending sex crime suspects. DNA forensics experts, specially trained investigators and our legal team all work together to provide depth of support that is needed to prove your innocense. Contact Musca Law offices immediately to speak with a sex crime attorney who will work hard to help you maintain a clean record.
If you are convicted of a sex crime in Florida, you could spend years in prison. Upon release you will have to register as a sex offender. Your work, living quarters and movement will be restricted forever. Remember that you are innocent until proven guilty. Call Musca Law now at (800) 687-2252. Experienced sex crime attorneys are waiting to help clients from Florida and nationwide. Use the online contact form for electronic communication. Offices are located throughout the state and in Miami, Jacksonville, Orlando and Tampa.
