Rape

The crime of sexual battery (known as rape) is a felony under both Florida State law and Federal law.  Generally, rape is unlawful sexual intercourse or any other sexual penetration of the vagina, anus, or mouth of another person, with or without force, by a sex organ, other body part, or foreign object, without the consent of the victim.

Under Federal law, rape is when one, in the special maritime and territorial jurisdiction of the United States or in a Federal prison, or in any prison, institution, or facility in which persons are held in custody by direction of or pursuant to a contract or agreement with the head of any Federal department or agency, knowingly causes another person to engage in a sexual act by using force against that other person; or by threatening or placing that other person in fear that any person will be subjected to death, serious bodily injury, or kidnapping.

To be convicted under Federal law of rape, the government must prove, beyond a reasonable doubt, that: 1.  the accused caused the victim to participate in a sexual act, 2.  the accused used force against the victim or threatened him or her or caused him or her to believe that he or she or any other person would be killed, suffer serious bodily injury, or be kidnapped, 3.  the accused did these acts knowingly, and 4.  the acts occurred within the special maritime jurisdiction of the United States or the territorial jurisdiction of the United States or a Federal prison.

Conviction of this offense in Federal court is a felony and is punishable by a fine and/or a term of imprisonment of any amount of years up to, and including LIFE.  If a rape is of a person younger than 12 years of age, it is punishable by a fine and/or a term of imprisonment of no less than 30 years.  If the offender has a prior State or Federal conviction for rape of a person younger than 12 years of age, a subsequent conviction is punishable by LIFE imprisonment.

Under Florida State law, rape means the 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.

To be convicted under Florida State law of rape, the State must prove, beyond a reasonable doubt: 1.  the age of the victim, 2.  that the accused committed an act upon or with the victim in which the sexual organ of the defendant or victim penetrated or had union with the anus, vagina, or mouth of the victim or defendant, or the defendant committed an act upon or with the victim in which the anus or vagina of the victim or defendant was penetrated by an object, or the defendant injured the sexual organ of the victim in an attempt to commit an act upon or with the victim in which the sexual organ of the defendant or the victim would have penetrated or would have had union with the anus, vagina or mouth of the victim or the defendant, or the defendant injured the sexual organ of the victim in an attempt to commit an act upon the victim in which the anus or vagina of the victim would be penetrated by an object, and 3.  that the accused was 18 years of age or older at the time of the sexual battery; or was less than 18 years of age at the time of the sexual battery (depending on the degree of the offense).

Under Florida State law, if the accused is over 18 years of age, but the victim is less than 12 years of age, the offense is a capital felony and is punishable by LIFE imprisonment without the possibility of parole. In fact, even if a person less than 18 years of age commits sexual battery upon, or in an attempt to commit sexual battery injures the sexual organs of a child less than 12 years of age, the offense remains a life felony and is punishable by a fine not to exceed $15,000 and/or a term of imprisonment not to exceed LIFE without the possibility of parole.  A person who commits sexual battery upon a person 12 years of age or older, without that person’s consent, and in the process thereof uses or threatens to use a deadly weapon or uses actual physical force likely to cause serious personal injury commits a life felony and is punishable by a fine not to exceed $15,000 and/or a term of imprisonment of LIFE not to exceed LIFE without the possibility of parole.  A person 18 years of age or older who commits sexual battery upon a person 12 years of age or older but younger than 18 years of age without that person’s consent, commits a felony of the first degree and is punishable by a fine not to exceed $10,000 and/or a term of imprisonment not to exceed 30 years.  A person 18 years of age or older who commits sexual battery upon a person 18 years of age or older without that person’s consent, commits a felony of the first degree and is punishable by a fine not to exceed $10,000 and/or term of a imprisonment not to exceed 30 years. A person younger than 18 years of age who commits sexual battery upon a person 12 years of age or older without that person’s consent, commits a felony of the first degree and is punishable by a fine not to exceed $10,000 and/or a term of imprisonment.

Attorney Petruzzi has many of experience defending those charged with sexual battery.  It is important for one to hire an experienced attorney when faced with this type of charge.  Attorney Petruzzi’s knowledge and expertise in this field of law is a vital asset to anyone charged with this crime.  Call today for a free consultation.

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