Florida Statute Section 794.011 governs Jacksonville Sexual Battery arrests. This Florida law defines “sexual battery” as “oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object.”
In a Jacksonville Sexual Battery case, actual force is not needed. Under Section 794.011(4)(a)-(g), Jacksonville sexual battery can occur when:
(a) when the victim is physically helpless to resist;
(b) when the offender coerces the victim to submit by threatening to use force or violence likely to cause serious personal injury on the victim, and the victim reasonably believes that the offender has the present ability to execute the threat;
(c) the offender coerces the victim to submit by threatening to retaliate against the victim, or any other person, and the victim reasonably believes that the offender has the ability to execute the threat in the future;
(d) the offender, without the prior knowledge or consent of the victim, administers or has knowledge of someone else administering to the victim any narcotic, anesthetic, or other intoxicating substance which mentally or physically incapacitates the victim;
(e) the victim is mentally defective and the offender has reason to believe this or has actual knowledge of this fact;
(f) when the victim is physically incapacitated; or
(g) when the offender is a law enforcement officer or any other person in a position of control or authority in a similar setting, and such person is acting in a manner to lead the victim to believe that the offender is acting under the authority of that position.
If you are charged with Jacksonville Sexual Battery, it is important to discuss this Sexual Battery law and and the facts of your case with a Jacksonville Sexual Battery Lawyer.