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Sexual Battery and Rape

Sexually motivated crimes are some of the most repulsive crimes a person can commit in the court of public opinion.  Sexual battery and rape are serious crimes affecting women, men, and children alike. While those responsible for sexually motivated crimes should be held accountable, in some circumstances, false accusations may be made against an unsuspecting individual.  

If you have been charged with sexual battery or rape, you need to be advised that this charge is the most aggressively prosecuted of any sex-related crime in Florida, and that it carries the most severe penalties.


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Miami Sexual Battery Crimes Defense Lawyer

If you were arrested on sexual battery charges, you must act quickly to avoid the harsh penalties associated with a conviction. You need legal representation by an experienced attorney with years of experience defending clients against similar offenses. That is why it is vitally important to seek the services of someone like South Florida Criminal Attorney Evan A. Hoffman of The Hoffman Firm.

With more than 17 years of experience, Mr. Hoffman has the experience needed to defend you against accusations of sex-related crimes, and he has a team of experts ready to help you. Call The Hoffman Firm at (305) 249-0090 to schedule your free consultation.

This firm accepts clients from Miami-Dade County, North Miami, Ft. Lauderdale, and neighboring areas.


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Sexual Battery Information Center


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Sexual Battery Defined under Florida Code

Sexual battery, commonly referred to as rape, is defined under Florida code §794.011 as:

  • Nonconsensual oral, anal, or vaginal physical penetration or union with the sexual organ of a person; or
  • Nonconsensual oral, anal, or vaginal penetration of another person with any object.

Actions meeting one of these requirements that were performed for a bona fide medical purpose do not qualify as sexual battery under this code.


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Penalties for Sexual Battery Conviction

Penalties for a sexual battery conviction will vary based on a number of factors including the age of the victim, whether the offender used a deadly weapon, the age of the offender, and a number of other relevant factors. Generally, a person convicted of sexual battery or rape will face a maximum sentence of life in prison, depending on what disabilities the victim had, and a minimum sentence of nine (9) years in prison.

Additionally, if a person is convicted, they would be declared a sexual offender and would be forced to comply with sexual offender registration laws throughout Florida and the United States. Registry as a sexual offender requires frequent reporting of the offender’s personal information, and often prohibits a person’s ability to live in certain areas. 


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Sexual Battery Defenses in Florida

There are two basic defenses for Sexual Battery or Rape:

(1) Consent — Consent can be used as a defense, but only if the consent was made intelligently, knowingly, and voluntarily. However, if any force, threat, or intimidation was made toward the accuser which led the accuser to consent to the sexual act, then it will be deemed as Coerced Submission and cannot be used as a defense.

(2) False Allegation — False allegations can be used it if can be proven that the accusation was made without credible evidence that the act took place, and if the accuser had sufficient motive to make a false accusation.


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More Information on Sexual Battery

Online Sunshine- See full statutes on sexual battery and other sex crimes under Florida Code.

U.S. Department of Justice- Find helplines and other resources for victims of sexual assault.


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The Hoffman Firm Miami-Dade County Sexual Battery Defense Lawyer

If you are facing charges of sexual battery or rape, you need to be aggressively proactive in defending yourself. Obtaining the services of a Miami criminal defense attorney like Evan Hoffman and The Hoffman Firm is the best way to ensure that you will have resources available for you defense.

Give them a call today at (305) 249-0090 and they will be happy to give you a free consultation. The Hoffman Firm accepts clients from Miami-Dade County, Palm Beach, and surrounding counties.


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Free Consultation

All fields are required. The use of this form for communication with our personnel does not establish an attorney-client relationship.

Evan A. Hoffman

Evan A. Hoffman

Mr. Hoffman’s philosophy is "our knowledge and experience is your best defense." He has been a featured author on criminal law issues such as driving under the influence, domestic violence and illegal searches.

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If you received any kind of traffic violation in the Miami area call The Hoffman Firm today.

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