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Sexual Battery in Orlando, FL
Sexual Battery
Orlando Sexual Battery Lawyer
In Florida, the offense commonly referred to as “rape” in other states is prosecuted as sexual battery. These allegations are among the most serious criminal charges under Florida law and carry the potential for severe prison sentences, lifetime registration requirements, and lasting damage to a person’s reputation and future. If you have been accused of sexual battery or believe you are under investigation, immediate legal representation is essential.
At Hanlon Law, Orlando sexual battery lawyer Will Hanlon provides experienced, strategic defense to individuals facing sex crime allegations. With decades of experience in Florida criminal courts, our firm understands how quickly these cases move and how aggressively prosecutors pursue convictions.
How Sexual Battery Charges Are Prosecuted in Florida
In any sexual battery case, the burden of proof rests entirely on the State. Prosecutors must prove every element of the offense beyond a reasonable doubt—a high legal standard designed to protect the accused. To meet this burden, the State often relies on a combination of physical evidence, forensic testing, witness statements, and the testimony of the alleged victim.
The defense has the right to challenge the credibility, reliability, and sufficiency of this evidence. Many sexual battery cases hinge on inconsistencies in testimony, lack of corroborating evidence, or investigative errors. Because a person’s liberty is at stake, even a single weakness in the prosecution’s case can create reasonable doubt.
Elements of a Sexual Battery Charge in Orlando, Florida
To obtain a conviction, the prosecution must establish that sexual penetration or union occurred and that the act was committed without lawful consent or when the alleged victim lacked the legal capacity to consent. Penetration or union may be oral, anal, or vaginal and may involve a sexual organ or an object.
Consent is a complex issue in sexual battery cases. Even when consent is raised as a defense, it must be shown to have been knowing, voluntary, and intelligent. Consent obtained through force, threats, coercion, or intimidation is not legally valid. Additionally, Florida law makes clear that a lack of physical resistance alone does not establish consent.
Defending Against Sexual Battery Allegations in Orlando, Florida
The appropriate defense strategy depends on the facts of the case. In some situations, the defense may focus on consent or the absence of penetration. In others, an alibi defense may show the accused was not present when the alleged offense occurred. Many cases ultimately turn on witness credibility, inconsistencies in statements, or flawed investigative procedures.
A thorough defense may also involve examining whether law enforcement violated constitutional rights during questioning, searches, or arrests. Evidence obtained unlawfully may be challenged or excluded, significantly weakening the prosecution’s case.
Orlando Penalties for Sexual Battery
Under
Florida Statute section 749.011, the penalties for sexual battery vary based on factors such as the ages of the accused and the alleged victim, the presence of force, and the circumstances of the offense. At a minimum, sexual battery is a second-degree felony, punishable by up to 15 years in prison. More serious allegations can result in first-degree felony charges, mandatory minimum sentences, or life imprisonment.
The most severe charge involves sexual battery committed by an adult against a child under the age of 12, which is classified as a capital felony. These cases carry the harshest penalties available under Florida law. Given the magnitude of these consequences, early legal intervention is critical.
Speak with an Orlando Sexual Battery Defense Lawyer
If you are facing sexual battery allegations, you should not attempt to navigate the criminal justice system alone. Your future, freedom, and reputation are on the line. An experienced defense attorney can investigate the facts, challenge the prosecution’s evidence, and protect your constitutional rights at every stage of the case.
Will Hanlon has defended individuals accused of serious criminal offenses in the Orlando area since 1994. Hanlon Law is committed to providing discreet, aggressive representation in sexual battery cases and other sex crime matters. To schedule a confidential consultation, contact Hanlon Law today by
phone or
online.
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