Florida Battery Charges Process

In Florida, sexual battery is the term that is used to describe forced sexual acts, or what other states typically refer to as rape and sexual assault. Sexual battery can lead to both criminal and civil punishments. This means that while the state can charge a perpetrator, who may face prison time, fines, or probation, the survivor can also file a civil lawsuit to seek compensation for the harm they’ve suffered.

Chiappetta Trial Lawyers is dedicated to helping survivors of sexual battery in Florida understand their options for civil legal action. As part of this mission, we believe it’s important that survivors understand the criminal process and how it could affect their civil lawsuit.

What Is Considered Sexual Battery in Florida, and What Does It Mean to Be Charged?

Under the Florida sexual battery statute, this offense occurs when the accused causes oral, anal, or vaginal penetration or union using their sex organ or an object.

The definition specifically excludes penetration by objects for bona fide medical purposes. Thus, to be clear, sexual battery in Florida includes opposite sex and same-sex penetration and union.

A sexual battery charge in Florida is generally based on the survivor’s age and whether consent was obtained. Consent must be voluntary, knowing, and intelligent. Consent doesn’t occur when the interaction involves any of the following conditions:

• Unconsciousness
• Intoxication
• Physical or mental disability
• Coercion, including force
• A family or custodial relationship

Sexual battery of someone younger than 12 is always a crime because children are deemed incapable of giving consent. Similarly, sexual battery of someone 12 through 17 by a family or custodial authority is a crime because the inherent coercion in these relationships overcomes any “consent.” Consent is a defense in all other situations.

Sexual battery charges in Florida arise when prosecutors determine that the evidence establishes probable cause that the accused committed a sexual battery.

Breaking Down the Battery Charges Process

Florida’s prosecutors evaluate criminal charges independently. As such, crime victims don’t “file charges” or “press charges” in the state. Rather, they report crimes to the law enforcement, who then investigate and gather evidence. The police forward the evidence to prosecutors, who decide whether to arrest the alleged perpetrator and charge them with a crime.

The touchstone in this process is “probable cause.” This legal standard is fairly low. It simply means that the police and prosecutors have enough evidence to reasonably believe that the accused committed a criminal offense.

In a sexual battery case, the survivor or a mandatory reporter will call the police. A mandatory reporter is someone who must report sexual battery to the police upon discovery.

Everyone in Florida is a mandatory reporter for child sexual battery. Mandatory reporters for adult sexual battery include doctors, mental health professionals, and nursing home staff.

Investigation

Once the police have information about a sexual battery in Florida, they’ll contact the survivor and gather evidence, including:

• The survivor’s statement
• Witness statements
• The accused’s statement
• DNA and other physical evidence

Physical evidence may require laboratory analysis before the police can understand what it means. After the police receive the laboratory report, they can integrate all the evidence and determine whether they have probable cause to seek an arrest warrant.

Arrest

Generally, the police need a warrant for a suspect’s arrest unless they have enough evidence to establish probable cause at the scene.

For example, if the police are called to a residence for a domestic disturbance and witness someone with visible injuries, they may arrest the other party for domestic violence while they process any additional evidence of sexual battery.

Arraignment and Bail

Following an arrest, the suspect is booked into jail, and prosecutors file a criminal complaint against them.

At the first court hearing, the judge arraigns the defendant by reading their charges to them. The judge will also conduct a bail hearing to determine whether to release the defendant until trial. Since it’s one of the most serious criminal charges on the books, judges may deny bail for felony battery in Florida.

Pre-Trial

Before the trial begins, the prosecution and defense attorneys exchange evidence. This allows both sides to fully prepare their cases.

The defense will also identify any possible Constitutional defenses, such as an illegal search or an arrest without probable cause. Finally, the judge will determine the evidence to be presented at trial based on its relevance and admissibility.

The police and prosecution may reach out to you during this time to verify your testimony. As long as you tell the truth, no matter how traumatic or embarrassing, your testimony will help.

Trial

At trial, each side will present its case to the trier of fact. Most cases are tried by a jury, but the defendant can request a bench trial instead.

You’ll likely be asked to testify at this stage. Very few sexual battery prosecutions occur without the complainant’s testimony. You’ll also face cross-examination by the defendant’s lawyer.

Sentencing

If the trier of fact delivers a guilty verdict, the defendant will be sentenced.

Is battery a felony in Florida? Yes, all types of sexual battery are classified as felonies.

Under the Florida statute for battery​, the punishment upon conviction can range from 15 years to life imprisonment, depending on the circumstances and ages of the parties. You can also testify at this stage by providing a victim impact statement.

What Happens if There Is No Conviction?

Here is the most important aspect for survivors of sexual battery to keep in mind: while a criminal conviction can help a civil case, it isn’t essential. The criminal and civil systems operate independently. The most important distinction between them is the standard of proof required.

Prosecutors must prove guilt beyond a reasonable doubt. They might fail to meet this high burden because of the smallest sliver of doubt in the case. It can also happen if a juror goes rogue and inflates the value of the defense’s arguments.

Moreover, prosecutors and police must follow Constitutional procedures designed to protect the defendant’s rights. If they violate the Constitution, the case can be dismissed, or evidence may be excluded even though the accused is likely guilty.

By contrast, a civil case has a much lower standard of proof. Specifically, your attorney only needs to prove liability by a preponderance of the evidence.

This simply means the evidence shows that it’s more likely than not that the defendant harmed you. If jurors are even 51% persuaded that the defendant caused your physical and emotional injuries, they must find the individual liable for your losses.

What If There Was No Arrest or Trial at All?

Even if no prior action was taken against the perpetrator, it doesn’t necessarily mean you can’t file a lawsuit. You may still be able to file even if:

• Police never made an arrest
• Prosecutors never filed charges
• Jurors acquitted the defendant
• The defendant’s conviction was overturned on appeal

What Is the Civil Process for a Sexual Battery Case in Florida?

A civil lawsuit follows a very different process. It begins with a conversation with a sexual battery lawyer at our firm, where we’ll discuss your case and the claims you can assert.

Importantly, claims may be filed both against the perpetrator and against any person or entity that enabled the attack, such as the perpetrator’s employer.

Once we have identified the parties and claims, our team can file a lawsuit. The parties will then exchange evidence and file pre-trial motions to determine what evidence can be presented to the jury.

Many cases are resolved through settlement before trial, but if a trial is necessary, we are fully prepared to present evidence and advocate on your behalf. If this happens, the jury (or judge) will render a verdict. If it finds the defendant liable, it will also determine the compensation owed to you.

We’re Here to Help You Take the Next Step

Sexual battery can lead to physical and emotional impacts that require extensive time and treatment to address. Contact Chiappetta Trial Lawyers for a free, confidential consultation to learn how we can help you hold the perpetrator accountable for your losses.