When distinguishing between types of sexual crimes, it can help to have greater knowledge of Florida law regarding each one.
This term shares many similarities with sexual assault or battery, but still has a few key differences.
Definition and background
According to Florida State Legislature, capital sexual battery refers to any sexual intercourse or injury to sexual organs. Methods of this include vaginal, oral, or anal penetration.
Threats of future physical punishment are often seen as coercion due to the nature of the threat. The victim may be physically unconscious or otherwise unable to fight back, including situations where someone has a position of authority over him or her.
Ages of those involved
The main difference between other forms of sexual crimes and capital sexual battery is that the victim is under the age of 12 and the defendant is over the age of 18. In other kinds of assault, a defendant may be older or the same age as the person convicted of assault. Lewd sexual battery includes children under the age of 18 by an adult, while general sexual battery can happen to anyone who is an adult.
Laws and statutes
Sexual assault of this kind is a capital felony, meaning you may receive life in prison or the death penalty. Florida state law dictates that children under the age of 12 cannot consent to any sexual encounters due to the nature of their age.
Many accusations come from close relatives of a minor, along with guardians and other family members. Knowing how capital sexual assault is legally defined can help you defend yourself against any false claims.