Tampa Sexual Battery Defense Lawyer
Charged with Sexual Battery in Tampa
Battery means the unlawful infliction of harmful physical contact upon another even when no harm results. When this involves a sexual act or intent then the crime is one of sexual battery and is covered extensively under Florida State Law 794.011 "Sexual Battery." The exact definition of this crime as given in the law is:
"Sexual battery" means 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.
Just as in the crime of rape the element of consent can be an important aspect of this case. The legal definition that applies here is that it means intelligent, knowing, and voluntary consent and does not include coerced submission. "Consent" does not mean nor can it be taken to mean as given by the failure of the alleged victim to offer physical resistance to the offender. The law also defines the conditions under which consent cannot be given or considered valid if given, these include:
- "Mentally defective" means a mental disease or defect which renders a person temporarily or permanently incapable of appraising the nature of his or her conduct
- "Mentally incapacitated" means 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
- Physically helpless" means unconscious, asleep, or for any other reason physically unable to communicate unwillingness to an act
- A minor under the age of 18
These are felony acts and will require a very aggressive defense from a Tampa sex crimes defense lawyer with a lengthy background in this field of practice. At The Law Office of Timothy Hessinger, we stand ready to challenge your charges of sexual battery.
Consequences of a Sexual Battery Conviction
The penalties of this crime can escalate depending upon the nature of the crime and most importantly if the victim was a child or under the age of 12. They all will be treated as felonies and in some circumstances are deemed a Capital Offense. Fighting charges of sexual battery must be done as soon and as aggressively as possible. Contact a Tampa sexual battery defense attorney for an immediate case evaluation and consultation.