By Monica SteinerContributing Author. The circumstances of the offense determine the level of felony, which in turn determine which defenses and penalties that apply to the crime. When it comes to rape, the law strives to protect strangers, acquaintances, and married people equally. In Florida, as in all states, there is no exception or defense to prosecution for rape that occurs within a marriage to learn more about marital rape laws in Florida, see Marital Rape in Florida.
This crime also includes circumstances when the victim is mentally Sexual battery defined florida of giving consent to sex such as being in a coma or having passed out from drug or alcohol use. Offender is 18 or older, victim is younger than 12 years old. Sexual battery defined florida
An adult who commits sexual battery upon, or in an attempt to commit sexual battery injures the sexual organs of someone younger than 12 years old is guilty of a capital felony. Penalties include a fine, life in prison, or both. Offenders are required to serve at least 25 years in prison before becoming eligible for parole.
Under some circumstances, the court may impose the death penalty. Anyone threatening to use or actually using a deadly weapon, or who uses physical force likely to cause serious personal injury commits a life felony. Penalties include a fine, Sexual battery defined florida to life not to exceed 40 years in prison, or both.
Offender is younger than 18, victim is younger than 12 years old.