Some examples of authority figures as defined by the Florida Statutes include, but are not limited to: - Teachers; - Assistant teachers; - ESL teachers and assistants; - Principals; - Vice principals; - Office administration; - School nurses; - Custodians; - Field trip volunteers; - PTSA members; - Construction workers at the school; - Student resource officers; - Guidance counselors; - Coaches; - Volunteer coaches; - Cafeteria workers; - School librarians; and. Many people who don't feel as though they did anything wrong will try to explain away sexual battery accusations themselves. Penalties for Sex Crimes by Authority Figures. Minors under a certain age, such as fourteen, fifteen, or sixteen years old, are considered incapable of consenting to sexual contact regardless of their mental capacity to understand the nature of the act or their ability to refuse. Do You Always Go to Prison if You're Convicted of Sexual Battery? If you are facing a sexual battery allegation, you need an experienced criminal defense lawyer to fight against sex crime false accusations. You would also be required to check in regularly with authorities as to your whereabouts and actions. Statutory rape by an authority figure is a Class C felony. If convicted of aggravated rape, or rape of a child, it becomes a Class A Felony. A: In the context of criminal cases, the statute of limits applies to the state government. Ohio law defines sexual battery as sexual conduct with another person who isn't the offender's spouse without consent. Childhelp – Visit the official website for Childhelp, a non-profit and non-partisan organization dedicated to helping child sexual abuse survivors and those still suffering. There is also a possibility of an enhanced sentence if the victim was coerced, threatened, physically incapacitated, or if they are mentally ill. What Is the Sentence for Sexual Battery?
This chart gives a general guideline as to what the maximum sentences are for particular situations. Law&Crime Productions. See Hallberg v. 2d 1355 (Fla. 1994). Without immediately addressing the issue, you may face harsh penalties, not to mention a ruined reputation. If you are being charged with this crime, call our law offices to schedule a free 15 minute case strategy. It is considered sexual battery by an authority figure when, at the time of the offense, the survivor was a minor between the ages of 13 and 17 years, or mentally or physically debilitated.
Many states also criminalize sexual contact between a person in a position of authority or trust, such as a teacher, athletic coach, police officer, or prison guard, and someone over whom that person has authority, like a student, a person in police custody, or a prisoner. Under Tenessee law, the four types of statutory rape are: - Mitigated Statutory Rape: Rape of a 15-17-year-old victim by a perpetrator who is at least 4-5 years older. If you or someone you know has been charged with and arrested for this crime in West Palm Beach, do not hesitate to contact one of our West Palm Beach Criminal Lawyers. By default, sexual battery in Ohio is a third-degree felony.
In some states, such as Florida, sexual battery includes oral, anal, or vaginal penetration. We start by trying to prevent charges from being filed or getting the case dismissed. One defense is that the solicitation happened not during custodial hours but off-hours such as a teacher soliciting sex during the summer where there is no custodial authority. 0862 defines a "authority figure" as any person who is 18 years old or older and is employed by, volunteering at, or under contract at the school. Our attorneys at Meltzer & Bell have been practicing for over twenty years and understand the Florida court system thoroughly. It can be tough to prove false allegations of sexual battery. Sexual Relations with Other Persons with Supervisory Authority: When the offender is a figure of authority, like a teacher, college professor (when the victim is under 18), coach, counselor, medical professional, member of the clergy, a police officer, or peace officer. Examples of custodians include parents, step parents, foster parents, priests, sports coaches, babysitters, day care workers, etc.
The class of the crime determines the statute of limitation. Florida Statutes Chapter 794 states that sexual battery by a person of familial or custodial authority to a person who is between the ages of 12 and 18 is considered to be a first-degree felony. Legal consent cannot be given by a minor under the age of legal consent (in Tennessee, the legal age of consent is 18) or by a person who is mentally disabled to the point of unreliable consent. The defendant used this power, trust, or authority to accomplish the penetration. Aggravated sexual battery covers circumstances that are considered more egregious under Tennessee law. Plus, sometimes people just do not want to be responsible for sending someone to prison because they have had personal problems with the law and they personally know that prison often solves nothing.
Anthony Kiedis from the Red Hot Chili Peppers was charged with sexual battery after placing his genitals on a female fan's face after a concert. These cases are fact specific and results depend on the facts. The legal consequences for committing a sexual offense on a child as an authority figure are incredibly severe. Mike G Law offers a free consultation to anyone who faces a sexual battery offense.
Sexual battery of a victim under the age of 13 is also considered "Aggravated Sexual Battery. Some allegations result from cases of mistaken identity, a false memory, or the victim simply claiming you committed sexual battery. Sexual battery by an authority figure involves sexual conduct of a person, without their consent, when the accused is in a position of trust and uses that power for sexual purposes. "Consent" shall not be deemed or construed to mean the failure by the alleged victim to offer physical resistance to the offender. In a criminal sexual contact case, there can be significant questions about what constitutes consent or what constitutes refusal. A sexual assault is any sexual contact or act that is performed without a person's consent.
I was facing a very serious crime that carried a considerable period of imprisonment. This example would be considered sexual battery because intercourse did not occur. I have seen this pattern over and over again, where people are unlawfully restrained and where people abuse sexual battery laws by calling a police officer and accusing the alleged offender of physical harm or assault with a deadly weapon. Sexual penetration is penetration of the vagina with a body part or an object and sodomy refers to oral sex – contact between the mouth and penis or female genitalia – or penetration of the anus with a body part of object. At Mike G Law, we have dealt with this exact situation, and after a long dragged-out fight, we achieved a dismissal of the sexual battery charges for multiple clients. This charge may also be filed if the victim was between 13 and 18 years of age or if the defendant had parental or custodial authority over the victim. Tennessee law has special charges for those who are persons of authority and engage in sexual relations with minors. In almost every case, potential harsh penalties result and serious representation from an experienced sex crime attorney is required. Aggravated Statutory Rape – an alleged victim 13-17 years old and a defendant 10 years older. The offense carries mandatory prison time, ranging from 3 to 15 years. In fact, I will start preparing for that possibility from day one. If you or someone you know has been accused of committing a sex crime against a minor student as an authority figure, then it's imperative you seek legal representation. Crocker v. State, 24 Fla. L. Weekly D1616b (Fla. 2d DCA July 9, 1999). It's an unfortunate truth that most child sexual predators commit crimes within the home or at their work.
While the term "sexual battery" refers to criminal sexual touching in most states, a few states use the term to refer to the more serious offense of rape or criminal sexual penetration. Many of the "backlogged" rape cases now being prosecuted in Shelby County are aggravated rapes. Thank you and God bless! Sometimes this is the teacher and sometimes this is the child.
Aggravated sexual battery occurs when there is force or coercion used, when the defendant is armed with a weapon or the victim believes them to have a weapon, if the defendant causes bodily harm or is aided and abetted by one or more other persons. We will fight your case all the way to trial; however, sometimes cases just cannot be won. The stakes do not get any higher than that. In sexual battery cases: Sexual battery, under TCA 39-13-505, is "unlawful sexual contact" without the consent of the victim. Chris Odle of the Bristol Tennessee Police Department is listed as a witness and is the only witness listed as being examined by the grand jury itself.
You need a skilled and experienced Florida sexual battery lawyer to effectively present your case to the court and fight for your voice to be heard. I would definitely recommend to my colleagues. All convictions for sexual battery are felonies and will result in jail time. If you've been accused of sexual battery, there are steps you need to take. Most of the cases decided by the Court of Criminal Appeals have involved teachers, employers, and those with a family relationship to the victim. If you are being investigated for a sex offense, do not wait until charged to contact an experienced and skilled defense attorney. Defense Lawyer for Child Sex Crimes by Authority Figures in West Palm Beach, FL. The media coverage for these crimes can be intense. By following these two rules, you give yourself the best chance at a successful defense. The term itself can refer to sexual assault or rape. Statutory rape is rape that occurs under one of four situations. Every state in the U. S. has a sex offender registration and notification program. A familial authority or custodial authority solicitation sexual battery is ranked as level 6 under the Florida Criminal Punishment Code.
However, if you were an authority figure and the victim was a student, then your crime will be reclassified to a second-degree felony.
While the statute uses the word familial, the person does not need to be related but only have familial authority. The term "student" refers to any person younger than the age of 18 years old enrolled in a school. Musca Law has handled numerous cases like these and can capably walk you through what to expect in your circumstances. The root of the issue is that when charged with a sex offense, bond conditions are issued to stay away from that person and directly impact any child custody arrangements that have been made or ordered by the judge. Having a sex crimes conviction on your record could uproot your educational career and destroy your livelihood.
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