Fort Lauderdale Sexual Battery Attorney
Penalties for sexual battery can range from five years to life — and may even include the death penalty
Sexual battery is a felony in Florida and is considered among the most serious of all crimes. Also known as sexual assault, it is most commonly referred to as rape. If you have been charged with rape, it is imperative that you get the help of an experienced Fort Lauderdale sexual battery attorney immediately — before you make a statement to the police or talk to the prosecutor. For nearly 30 years, Kevin J. Kulik, P.A. has provided the aggressive representation and courtroom skills that are vital in lessening charges, reducing penalties or obtaining an acquittal. From our offices in Fort Lauderdale, we have helped clients across Broward County and throughout South Florida. As a former assistant state attorney, Kevin Kulik knows how the other side thinks. As a criminal defense attorney, he has worked to protect the rights of those accused of sex crimes with a commitment to reaching the best possible outcome.
Sexual battery charges and penalties
Penalties for a conviction of sexual battery (rape) depend on the age of the victim, the age of the perpetrator, and the circumstances surrounding the act:
- If an offense is committed against a victim under the age of 12 by an offender who is younger than 18 — When a minor commits or attempts to commit the rape of a child age 12 or under, the penalty can be life, up to 40 years, in prison and may also include a fine.
- For an offense committed against a victim under the age of 12 by an adult offender (age 18 or over) ¯ A rape or an attempt to commit a rape. If during the attempt, the victim was seriously physically injured, the charge is a capital felony. Penalties may include a fine and life in prison, or the court may choose to impose the death penalty. There is no chance of parole until a minimum of 25 years in prison has been served. If a deadly weapon was involved, the charge becomes a life felony punishable by a fine, a life term not to exceed 40 years, or both.
- When the offender is 18 years of age or older and the victim is 12 years of age or older — If the victim is helpless to resist by reason of physical or mental incapacitation, because the victim was drugged or threatened with violence, the penalties my include a fine, a prison sentence of up to 30 years, or both.
What is lewd and lascivious behavior?
If you intentionally touched a child under the age of 16 in a sexual manner or solicited, encouraged or forced someone who is 16 or younger to commit a sexual act, you are guilty of lewd and lascivious behavior. This is a second-degree felony punishable by a minimum of seven and a half years and a maximum of 15 years in prison in addition to mandatory registration as a sex offender.
You may, under Florida’s 2007 “Romeo and Juliet” law, petition the court to be removed from the sex offender registry under a very specific set of circumstances. As your criminal defense attorney, Kevin Kulik can discuss your legal options for lewd and lascivious crimes and other sex crimes charges, including marital rape.
Statutory rape is also a second-degree felony in Florida
This charge may be leveled against an offender who is 24 years of age or older if the victim is between the ages of 16 and 17. Stating that you believed the victim to be of legal age is no defense, and the penalties for statutory rape are a minimum of five and a half years to 15 years in prison, plus registration as a sex offender.
If you have been charged or arrested for sexual battery, call us immediately
Your freedom — and perhaps even your life — are at stake. We offer a free and confidential consultation to discuss your situation and your options. To schedule a time to meet with Fort Lauderdale sexual battery attorney Kevin Kulik, please call us at 954-761-9411 or contact us online.