Sexual Abuse, Sexual Battery and Sexual Assault FAQs

  • What is sexual abuse?
  • Sexual abuse, or a sexual battery, occurs anytime a person is touched without their consent on the breasts, genitalia or buttocks, or are forced to touch or perform a sexual act on another person against their will. Sexual abuse can be merely touching these areas, or be more intrusive. Any unconsented to contact can be criminal sexual assault.

  • What is sexual abuse of a child?
  • Sexual abuse of a child occurs anytime a child is touched in a sexual manner, or asked to perform a sexual act on another, regardless of the child's consent. If the child is under the age of twelve, this is considered capital sexual battery which carries a mandatory sentence of life imprisonment.

  • What is sexual battery?
  • Sexual Battery is the unconsented touching of the breasts, genitalia or buttocks of  a person by the hands, mouth or genitalia of another. Depending on the type of contact, and the status of the person abused, Sexual Battery can be charged as either a first or second degree felony.

  • What constitutes sexual assault?

    Sexual assault is the same thing as sexual battery. The type of unconsented contact and the status of the person assaulted determines the degree, or severity of the offense. For example, if a person is particularly vulnerable, i.e a minor, or intoxicated, the offense may be aggravated, thereby subjecting the accused to higher potential penalties.

  • What is predatory criminal sexual assault?
  • All sexual assault cases are considered predatory. In order to be sexual assault, a person must first claim they were touched on the breasts, genitalia or buttocks against their will. If the victim is a minor, it is irrelevant whether the accused believes they consented.

  • What is the difference between sexual battery and statutory rape?
  • Statutory rape is any sexual contact between an adult over the age of eighteen and a minor under the age of seventeen. It is most often charged in Florida as Lewd and Lascivious Battery, a second degree felony punishable by up to fifteen years in prison. Recent changes in Florida law allow for a less serious charge depending on the age difference between the parties involved.

  • Can a minor child be charged with sexual battery?
  • Any person, regardless of age, can be charged with sexual battery,  The only criteria is that a person intentionally touches, without consent, the breasts, genitalia or buttocks of another with their mouth, hands or genitalia.

  • Is sexual assault a felony?
  • Almost all sexually motivated offenses are felonies. The degree, or seriousness of the offense depends on how the assault occurred.

  • What is sexual assault 2nd degree?
  • Sexual assault second degree means that the crime alleged to have occurred constitutes a second degree felony. A second degree felony in Florida is punishable by up to fifteen years in the Department of Corrections.

  • Is sexual assault rape?
  • Not all sexual assaults are rape. Rape is traditionally defined as sexual penetration of the genitalia or anus. Florida does not use the term rape in its criminal code. Rather, sexually motivated cases are charged as either Lewd and lascivious conduct or sexual battery, depending on the type and severity of the assault. All of these cases are felonies.


Orlando Sex Crimes Defense Attorney

If you are charged with any type of sex crimes in Orlando or anywhere in Central Florida, including sexual battery, please call our Central Florida sex crimes defense lawyer immediatly at 866-680-4LAW to discuss your case. Our early interventation may be key for the outcome of your case. You may also fill out the online form provided at the top of this page and we will contact you shortly. We respond to after-hours messages promptly. Evening or weekend appointments are available on request. We offer a free consultation and we will keep all your information confidential.

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