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Miami Sexual Battery Defense Attorney
In Florida, sex crimes are taken very seriously, particularly sexual battery, which is commonly referred to as rape. Sexual battery covers several felony classifications, depending on the conduct, the ages involved, and other statutory circumstances. A conviction can carry lengthy imprisonment and sex-offender registration consequences. If you have been accused of sexual battery, it is crucial to have aggressive legal representation knowledgeable in sex crimes.
At Valiente Law, we are keenly aware that defending sexual battery charges poses a number of challenges. While criminal defendants are entitled to the presumption of innocence, being accused of rape will likely cast doubt on your innocence in the eye of the public. A conviction will not only lead to the loss of your freedom but permanent damage to your reputation as well. Nonetheless, prosecutors must be able to prove your guilt beyond a reasonable doubt. When you become our client, we will take the time to explain all of your rights and choose the best line of defense.
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What is sexual battery?
§794.011 defines sexual battery to include oral, anal, or female genital penetration by, or union with, another person’s sexual organ, or anal or female genital penetration by another object, excluding bona fide medical acts. The charged subsection determines the age, consent, force, and other elements. Consent means intelligent, knowing, voluntary consent and does not include coerced submission; lack of physical resistance does not establish consent.
Selected sexual-battery classifications — reviewed September 29, 2026
This table separates the main age and conduct categories. It is not a single sentencing range for every case.
| Subsection and circumstances | Classification and ordinary maximum |
|---|---|
| §794.011(2)(a): defendant 18 or older; child under 12; sexual battery or specified injury during an attempt | Capital felony; see the constitutional explanation below |
| §794.011(2)(b): defendant under 18; child under 12; sexual battery or specified injury during an attempt | Life felony; juvenile sentencing rules require separate review |
| §794.011(3): victim 12 or older; without consent; use or threatened use of a deadly weapon, or actual physical force likely to cause serious personal injury | Life felony |
| §794.011(4)(a): defendant 18 or older; victim 12–17; without consent; one of subsection (4)(e)’s specified circumstances | First-degree felony punishable by up to life |
| §794.011(4)(b): defendant and victim 18 or older; without consent; a specified subsection (4)(e) circumstance | First-degree felony, ordinarily up to 30 years |
| §794.011(4)(c): defendant under 18; victim 12 or older; without consent; a specified subsection (4)(e) circumstance | First-degree felony, subject to applicable juvenile sentencing rules |
| §794.011(5)(a): defendant 18 or older; victim 12–17; without consent; no physical force and violence likely to cause serious personal injury | First-degree felony, ordinarily up to 30 years |
| §794.011(5)(b): defendant and victim 18 or older; without consent; no such serious-injury force and violence | Second-degree felony, ordinarily up to 15 years |
| §794.011(5)(c): defendant under 18; victim 12 or older; without consent; no such serious-injury force and violence | Second-degree felony, subject to applicable juvenile sentencing rules |
The subsection (4)(e) circumstances include specified helplessness, incapacitation, threats, administration of intoxicants without the person’s knowledge or consent, and abuse of apparent governmental authority. Each has its own requirements. Qualifying prior convictions under subsections (4)(d) and (5)(d), familial or custodial authority under subsection (8), and §794.0115 can change the classification or sentence. Sentencing scores, mandatory terms, registration, and supervision must be examined separately.
Child sexual battery and the death-penalty issue
Florida’s current statutory text authorizes capital procedures for the adult-on-child-under-12 offense. However, Kennedy v. Louisiana, 554 U.S. 407 (2008), holds that the death penalty cannot be imposed for child rape where the crime did not result, and was not intended to result, in the victim’s death. That controlling constitutional limit must be distinguished from Florida’s statutory language. A capital charge should not be described as guaranteeing either an enforceable death sentence or a single outcome without analyzing the charge, facts, offense date, and governing decisions.
How Valiente Law Will Defend You Against Sexual Battery
Given that sexual battery is a serious offense that can result in harsh penalties, you need the aggressive legal representation we are prepared to provide. Often, there are no witnesses to sexual battery and a conviction depends on factors such as the testimony of the victim, and the collection of forensic evidence by law enforcement.
Our attorneys will conduct an extensive investigation by reviewing the police report, and interviewing the victim if necessary. Of course, the strongest defense is to have an alibi — you were not at the scene when the crime occurred. In a case involving a victim over the age of 18, it may also be possible to demonstrate that the victim had given consent.
Depending on the circumstances, it may also be possible to prove that the victim misidentified you and that the crime was committed by someone else. In this situation, we will look to question the accuracy of DNA tests or any other evidence that was collected by law enforcement.
Above all, we believe that anyone accused of sexual battery is innocent until proven guilty. Our legal team is committed to winning an acquittal, preserving your freedom and restoring your good name. At the same time, we will always be honest about the strength of the evidence against you and when necessary seek to have the charges and penalties reduced. Ultimately being accused of sexual battery is an overwhelming experience and a conviction will be life-altering.
With the attorneys at Valiente Law in your corner, you can rest assured that we will never stop fighting for you. The sooner you contact our office, the sooner we can begin building your defense.