Sexual Battery/Rape


Sexual Battery is one of the most aggressively prosecuted crimes in Florida and carries the most severe penalties of all sexual offenses. Sexual Battery cases often are based upon one person’s word against another’s.

In general, Florida Statute 794.011 defines Sexual Battery and Rape as: Nonconsensual oral, anal, or vaginal physical penetration or union with the sexual organ of a person, or nonconsensual oral, anal, or vaginal penetration of another person with any object.

A person convicted of Sexual Battery or Rape would be facing a maximum sentence of life in prison, depending on what disabilities the victim had, and a minimum sentence of nine (9) years in prison. They would be declared a sexual offender and would be forced to comply with sexual offender registration laws throughout Florida and the United States.

There are two basic defenses to an accusation of Sexual Battery and Rape: consent, but only if the consent was found to be intelligently, knowing, and voluntarily made and coerced submission,  if force, threats, or intimidation were used to compel the sexual interaction.

If an accuser alleges they feared for their life, physical safety, or the life and safety of a loved one, they can assert that they had no other alternative than to submit to a sexual act – thus they did not consent under the law.

Unfortunately, false allegations of sexual battery and rape are increasingly common in Florida and one of the primary reasons people find themselves accused of sexual battery and rape. As a result, it is critically important to investigate the accuser and expose any motive for making a false accusation of sexual battery or rape.

The Legal team of Law Offices of André A. Rouviere will dig deep to find those unrevealed details about your case and will develop a strong defense strategy. Call Now  305.774.7000

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