Capital sexual battery is a serious crime that involves both sexual misconduct and battery. It is a capital offense in many states and carries severe penalties, including life imprisonment. If you or someone you love is investigated or charged with capital sexual battery case, it’s frightening. This is a charge where it is important to understand the law.

What is Capital Sexual Battery?

Capital sexual battery is intentional and unlawful sexual contact with of a child under the age of twelve (12). This offense is considered a capital offense because of the age of the complaining witness. The sole difference between capital sexual battery non-capital sexual battery is the age.

Penalties for Capital Sexual Battery

The penalties for capital sexual battery vary by state, but they are typically severe. In some states, capital sexual battery is punishable by life imprisonment without parole. In others, it is punishable by the death penalty.

There is no death penalty for this offense in Florida, but capital sexual battery carries a life sentence. These harsh penalties reflect the seriousness of the crime, the politics of the state, and the impact it has on the victim.

Defenses for Capital Sexual Battery in Florida

If you are facing a capital sexual battery case, there are potential defenses available to you. Basically, there are two defenses to any criminal charge: 1) a pre-trial legal defense which is an issue of law, and; 2) an issue of  case specific relevant legal fact related to the Florida Standard Jury Instructions or other law. These defenses may include:

• Consent: If the victim consented to the sexual act, it may not be considered a sexual battery. However, a child under twelve (12) cannot legally consent in a florida capital sexual battery case prosecution.
• Mistaken identity: this rare but real legal defense has produced not guilty verdicts at trial.
• Lack of evidence: if there is not enough evidence then there should be a not guilty verdict.
• The SODDIT defense: This comes from the phrase “some other dude did it” in criminal trial lawyer speak. This generally is used in the absence of DNA evidence where there is another potential perpetrator.

Reporting Capital Sexual Battery

Sex offenses involving children have a component of mandatory reporting in a variety of circumstances. For example, there is a legal duty upon certain professionals to report disclosures of sexual battery involving children.

There is no duty to report false allegations. This has not stopped relationship partners and others from amplifying false claims. False sex offense allegations have been weaponized to win child custody cases, a favorable divorce outcome or financial gain.

Seeking Legal Help

When you searched for “capital sexual battery florida”, you found an avalanche of criminal defense lawyers. If you are facing a capital sexual battery case, it is crucial to seek legal help immediately.

However, this is not the time to shop for the lowest fee. You will need the highest level of legal skill available. Preferably from more than one experienced criminal defense attorney as part of a team. The time to contact them is immediately upon learning of an allegation.

The number 1 question to ask is simple: are you a Florida Bar Certified Criminal Trial Law Specialist? You will either get a quick “yes” or the long story of how they have other legal expertise credentials. These “other” credentials are usually not even recognized by the Florida Bar.

Conclusion

Capital sexual battery is serious crime and carries severe mandatory penalties. Do not try to explain yourself to the police or to other government representatives who want to question you. If state officials want to question you, they are looking for a way to convict you. Government officials are not trying to “get to the truth”.

Florida’s criminal laws are created by politicians, for politicians. Campaign cash and re-election are far more important to than you are. They do not care about protecting victims, solving the problem of crime or whether your rights are violated.

If you’re facing capital sexual battery charges in Florida, trust the experts at Cobb Law Firm to aggressively fight for your rights. To get started, contact us online or give us a call at (850) 738-6153.

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