In the United States, someone is sexually assaulted every 109 seconds. Sexual battery, sexual abuse, rape, and harassment are different terms legally. If you or someone you know has been sexually assaulted, a competent sexual battery lawyer at Goldberg & Rosen can help you decide on the right course of action.
What is sexual battery or assault?
Sexual battery in many states is different from rape. While rape involves forcible sexual penetration or intercourse, sexual battery does not. Legally, sexual battery is defined as a forced sexual contact with intimate parts that can occur when the victim is clothed or unclothed. To file a case of sexual battery, sexual penetration need not have occurred. Forcible kissing, grabbing, touching or fondling of intimate parts constitutes as sexual battery in some states. A charge of sexual battery can also be brought when a victim is forced to touch the defendant’s intimate parts.
In Florida, rape is included under sexual battery. According to the Florida statute on sexual battery, it must be shown that a penetration, either orally, anally or vaginally has occurred. A lack of consent also has to be proven by the prosecution if the victim is above the age of twelve.
Misdemeanor or felony?
Depending on the nature of the crime and the age of both the victim and the defendant, sexual battery can be either a felony or a misdemeanor. In most states where sexual battery is not considered as rape, the charges are not serious. But in Florida, rape and sexual battery are interchangeably used and taken very seriously.
Even when there has been no penetration, some instances can still qualify for a felony. These include skin to skin contact when both the defendant and victim are unclothed or when the victim is a child below the age of 12.
Any sexual contact with an unconscious person will also qualify as a felony.
Legal representation is important
Proving the lack of consent is critical in all cases of rape or sexual battery. The lack of consent has to be shown in all instances except when the victim is below twelve years of age, developmentally disabled, mentally sick, unconscious or drugged. In these instances, it is assumed that there is a lack of consent.
If you have been a victim of sexual battery from a person in a position of authority or a healthcare provider, know that there are specific laws that protect your rights. The law recognizes that the victim may not be in a position to refuse and is powerless because of the authority the defendant has over them. When healthcare providers such as nurses, physiotherapists or doctors rape a patient, the law makes it impossible for a patient to consent. The sexual battery lawyers in Miami at Goldberg & Rosen can help you understand the various laws and definitions that can be confusing, particularly when you or your loved one is traumatized by the incident.
Most defenses claim that the victim consented to the sexual act or pleads mental illness. A competent and experienced sexual battery attorney will be able to anticipate any such moves by the defense and prepare a foolproof case.
At Goldberg & Rosen, our Miami sexual battery lawyers are well versed with the latest changes in sexual battery laws, so they can give you the best information at all times.
We represent you in the best way
Your sexual battery lawyer at Goldberg & Rosen will ensure you are represented in the best manner possible throughout- until the satisfactory conclusion of the case. While it is hard to deal with the trauma of rape or sexual battery, our job, as a leading legal services firm in Miami, is to ensure that the process of filing and fighting the case is done as smoothly and as effectively as possible.
Since different states define terms differently, it is important to know where to file a case. A knowledgeable sexual assault lawyer at Goldberg & Rosen can guide you in such matters. Give us a call as early as possible; make sure that no time is lost.
A competent sexual battery lawyer is also the best person to guide you on what kind of charges can be brought in, explain to you your rights according to the local laws, advise you about the options available to you, and provide you with a timeframe for the entire case.
Our goal at Goldberg & Rosen is to ensure that you are represented in the best way possible and make sure that justice is delivered.
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Schedule a free case review with Goldberg & Rosen in Miami to get the proper legal advice you deserve.
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