The penalties in Florida for sexual battery—which for all intents and purposes is synonymous with rape—are understandably substantial. In a number of cases, they can include a sentence of life in prison.
Consequences of a Sexual Battery Conviction
The ages of both parties involved in a sexual battery incident are one component of what penalties are in play. So, too, are certain conditions related to the incident. Here is how they break down:
- Offender: 18 or older; Victim: Younger than 12. If an adult commits sexual battery on a child under 12 years old, the penalties may include a fine, life in prison (must serve 25 years before eligible for parole), or both—and in some cases, the court is allowed to impose the death penalty. If a deadly weapon or physical force is involved, the penalties include a fine, up to life (but not more than 40 years) in prison, or both.
- Offender: 18 or older; Victim: 12 or older. If the victim is mentally incapacitated or physically unable to resist or when the offender threatens violence or drugs the victim, a first-degree felony has been committed. Such an offense can be punished by a fine, up to 30 years in prison, or both. (In circumstances not involving force or violence, the felony drops to second-degree and the penalties may include a fine, up to five years in prison, or both).
- Offender: Younger than 18; Victim: Younger than 12. If a minor commits sexual battery on a child under 12 years old, the penalties may include a fine, up to life (but not to exceed 40 years) in prison, or both.
