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SEXUAL ASSUALT/BATTERY
What Is Sexual Assault and How Florida addresses these crimes
Sexual assault is a serious criminal offense that involves non-consensual sexual contact or activity. In Florida, sexual assault is legally referred to as sexual battery, and it is defined under Florida Statute § 794.011. This statute classifies sexual battery as the oral, anal, or vaginal penetration by, or union with, the sexual organ of another, without consent, or involving force, coercion, or incapacitation.
Florida law treats sexual assault with zero tolerance, especially when the alleged victim is a minor, physically helpless, or mentally incapacitated, or when a weapon or threat of violence is involved. Charges may range from a second-degree felony, punishable by up to 15 years in prison, to a capital felony, which can result in life imprisonment or the death penalty—particularly when the victim is under 12 years of age and the perpetrator is an adult.
Consent plays a central role in determining whether an act constitutes sexual battery. Florida law makes it clear that consent must be freely and affirmatively given, and cannot be inferred by silence, relationship status, or previous encounters. Additionally, someone who is unconscious, drugged, or mentally impaired is legally incapable of giving consent—even if they do not resist physically.
Sexual assault cases are prosecuted aggressively in Florida, often involving forensic evidence, victim testimony, medical examinations, and expert witnesses. Convictions come with severe consequences, including mandatory sex offender registration, restrictions on residency and employment, and a permanent criminal record. Because of the sensitive and high-stakes nature of these cases, both victims and the accused require experienced legal guidance to navigate the legal process and ensure their rights are protected.
Florida’s legal system prioritizes the protection of survivors, but it also requires a fair and constitutionally sound process for those accused. As a result, these cases demand a careful balance of compassion, legal precision, and strategic advocacy.
For Victims of Sexual Assault: Powerful Advocacy, Compassionate Representation
For Victims of Sexual Assault: Powerful Advocacy, Compassionate Representation
Crag Chaderton Law is equally committed to supporting survivors of sexual violence and physical abuse. We approach these clients with sensitivity, confidentiality, and fierce advocacy. Many survivors feel overwhelmed, re-traumatized, or silenced by the legal system. Our role is to ensure they are protected, heard, and empowered throughout the legal process.
We help victims:
File criminal complaints and coordinate with law enforcement and prosecutors
Secure protective orders and ensure safe distance from abusers
Pursue civil lawsuits for emotional distress, pain and suffering, or institutional negligence
Navigate the criminal court process without unnecessary exposure or intimidation
How Crag Chaderton Law Defends the Wrongly Accused — and Advocates for Victims
Crag Chaderton Law, we understand that sexual assault and battery cases are among the most emotionally charged and high-risk matters in the justice system. These cases carry devastating personal, professional, and legal consequences—for both the wrongly accused and the survivors seeking justice. Our firm is uniquely equipped to handle both sides of this complex area of law with integrity, strength, and unwavering commitment to due process and truth.
For the Wrongfully Accused: Relentless Defense, Fair Trial
For the Wrongfully Accused: Relentless Defense, Fair Trial
False accusations of sexual assault or battery can ruin reputations, destroy families, and lead to lengthy prison sentences, sex offender registration, and lifetime consequences. At Crag Chaderton Law, we believe that every person accused of a crime deserves a vigorous and fair defense, especially when the stakes involve freedom, dignity, and future livelihood.
Our defense strategy begins with early intervention—protecting the client’s rights during questioning, advising on public exposure, and collecting evidence the prosecution might overlook. We conduct our own independent investigations, including:
Reviewing surveillance, digital communication, and GPS data
Interviewing witnesses and identifying inconsistencies in statements
Challenging flawed forensic evidence and improperly conducted examinations
Scrutinizing coercive or biased police interviews and suggestive questioning
Our team works with counselors, victim advocates, and investigators to ensure that each survivor’s story is told truthfully and respectfully, and that justice is pursued without delay or compromise.
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Support for Sexual Assault Victims
Understanding Sexual Assault and Battery Under Florida Law
Understanding Sexual Assault and Battery Under Florida Law
In Florida, sexual assault and sexual battery are legally recognized as some of the most serious and aggressively prosecuted criminal offenses. While the terms are often used interchangeably in casual conversation, Florida law provides specific legal definitions and distinctions for each. Together, they cover a range of non-consensual sexual acts and physical violence that target another person’s bodily autonomy and safety.
Penalties for Sexual Battery
Penalties for Sexual Battery
The penalties for sexual battery in Florida are severe:
Victim under 12 years old and offender is over 18: Capital felony, punishable by life imprisonment without parole.
Victim 12 years or older with threat or force: First-degree felony, punishable by up to life in prison.
Without use of force or injury: Second-degree felony, punishable by up to 15 years in prison.
Many sexual battery convictions also result in:
Mandatory sex offender registration
Lifetime community supervision
Loss of civil rights, including voting and firearm ownership
Public disclosure through Florida’s sexual offender registry
Sexual Battery in Florida?
Sexual Battery in Florida?
Florida Statute § 794.011 defines sexual battery as any act involving oral, anal, or vaginal penetration by, or union with, the sexual organ of another, committed without the victim’s consent. This includes instances involving the use of force, threat, coercion, or where the victim is unconscious, intoxicated, mentally incapacitated, or otherwise unable to give consent.
Importantly, Florida law makes it clear that:
Consent must be informed, voluntary, and affirmative.
A person cannot consent if they are under the influence, asleep, mentally disabled, or underage.
Victims do not need to physically resist for the act to qualify as sexual battery.
Sexual battery is classified as a felony, with penalties increasing in severity depending on the victim’s age, the use of a weapon, whether physical violence or injury occurred, and the relationship between the parties (e.g., teacher-student, custodial authority, or familial).
How We support Victim Of Sexual Assault/Battery
Sexual assault is a deeply traumatic experience—and navigating the legal system afterward can feel overwhelming and isolating. Our firm is committed to providing strong, compassionate, and confidential support to victims of sexual assault. We believe that survivors deserve more than justice—they deserve to be heard, protected, and empowered throughout the legal process.
Your Story, Your Strength
Your Story, Your Strength
We work tirelessly to ensure the system treats survivors with the seriousness and respect they deserve. When necessary, we challenge institutions or individuals who try to silence or minimize what happened. Whether in court or behind the scenes, we ensure your story is told clearly, powerfully, and truthfully—and that it is met with action.
You are not alone. Crag Chaderton Law is here to guide you with empathy and resolve—from the initial consultation to the final resolution. We’re more than your legal counsel—we’re your advocate, your protector, and your partner in the fight for justice.
Balanced, Bold, and Grounded in Justice
Whether protecting a client from a false accusation or guiding a survivor through a difficult legal path, we stand committed to fairness, strength, and compassion
Call (321) 443 7481 Now for a Confidential Consultation
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