Facing sexual assault charges is serious business. Sexual assault, as defined by Florida statute is “oral, anal or vaginal penetration by, or with the sexual organ of another or the anal or vaginal penetration of another by any object.” Penalties can range from fines to jail time to become a registered sex offender. You may experience difficulties finding housing, employment, and more. So if you’re being accused of sexual assault, you want to have trustworthy sex crime lawyers on your side to help you navigate this delicate space. Let’s look at what constitutes the different degrees of sexual assault or sexual battery offenses.
First Degree Sexual Assault
First-degree sexual assault is a felony, and it is the most severe degree of this crime. This conviction typically calls for stronger penalties as well. Engaging in sexual penetration with the victim knowing that they are mentally or physically incapacitated, as well as engaging in sexual penetration with someone using force, coercion, stealth or surprise constitutes sexual assault in the first degree.
Second Degree Sexual Assault
There is a very fine line between first and second-degree sexual assault. Engaging in sexual assault without consent and without violence or physical force is considered second-degree sexual assault. This is also a felony and can carry some pretty heavy consequences, so being convicted of second-degree sexual assault can also derail your future.
Third Degree Sexual Assault
Being a parent, guardian or trusted relative of a minor is no small responsibility. That’s why the law takes sexual assault against familial minors so seriously. A relative or custodian of someone under the age of 18 who solicits the victim to engage in sexual activity that is defined as a sexual battery can be charged with third-degree sexual assault.
Fourth Degree Sexual Assault
Subjecting a victim to sexual contact without their consent is considered fourth-degree sexual assault in the eyes of the law. This includes groping and inappropriate touching. Age plays a big role in this charge.
Penalties
Those who are convicted of sexual battery and sexual assault must register as a sex offender. This comes with some serious consequences. It can impact where you’re able to live, prevent you from working with children, your employment opportunities, and more. If you’re convicted of capital sexual assault, the death penalty can be levied or life without parole. First-degree sexual assault can get you life without parole. Lesser degrees can be as harsh as 15 years in prison.
Sexual battery, as it is categorized in the state of Florida, includes rape, child molestation, date rape, child sexual abuse, and capital sexual battery. It should be noted that penalties will vary according to the age of the victim and the perpetrator. Since there is no statute of limitations on sexual assault, you will benefit from having an experienced legal team at your service. Do not try to navigate a sexual assault charge alone no matter what degree you are being charged with.