The Florida Legislature has enacted laws denouncing various sexual offenses under the broad term "sexual battery." Sexual battery is defined as 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. Thus, it is illegal for a man to place his penis inside the mouth, anus, or vagina of a victim, and it is illegal for a woman to touch the mouth, anus, or vagina of the victim with her sexual organ. The state must prove the victim's lack of consent as an element of the crime, although evidence of the victim's resistance is not needed to prove lack of consent. The statutory definition of sexual battery encompasses and replaces the former crimes of indecent assault, rape, and sodomy, although those terms continue to be used occasionally.
The penalties for sexual battery increase with severity depending on the force used and age of the victim. Additionally, a conviction for sexual battery carries immediate as well as life long consequences as it may require reporting as a sexual offender or a sexual predator or even a mandatory life imprisonment sentence.
Frequently, sexual battery accusations are accompanied by hidden bias and motivations on the part of the accuser. Conducting a thorough investigation into the accuser is essential in defense of a sexual battery charge. If necessary, Erick Cruz will retain private investigators to assist in exploring the motivations of the accusers and exposing their bias. By collecting as much information on the accusers as possible, Erick Cruz will identify and exploit the motives and bias of your accuser in order to prove that the allegations are fabrications or greatly exaggerated.
Call Erick to discuss your case with him and find out how to get your case dismissed or charges and sentence reduced and arrest record sealed or expunged.