Sexual Assault

How Florida Prosecutes Sexual Assault In Florida, sexual assault allegations are prosecuted as sexual battery under section 794.011, Florida Statutes, and are handled in Brevard County by the State Attorney’s Office for the 18th Judicial Circuit in Viera. Investigations are typically conducted by local municipal police departments, the Brevard County Sheriff’s Office, or Florida Department of Law Enforcement, often involving forensic interviews, medical examinations, and digital evidence review. Charging decisions frequently depend on the alleged victim’s age, the presence of force or coercion, and any claimed authority relationship. What the State Must Prove To obtain a conviction, the State must prove beyond a reasonable doubt that the defendant committed oral, anal, or vaginal penetration, or union with sexual organs, as defined by statute. Where the alleged victim is over the age of consent, the State must also establish lack of consent, which may be based on force, threats, coercion, or incapacitation. In cases involving minors, consent is legally irrelevant, and proof focuses on age and conduct. How Sexual Assault Charges Escalate Sexual battery charges escalate based on victim age, use of physical force or a deadly weapon, and whether serious personal injury is alleged. Sexual battery involving a child under 12 is charged as a capital or life felony, while offenses involving older victims may range from second-degree felony to life felony depending on aggravating factors. In Brevard County, prosecutors commonly file multiple counts when allegations involve repeated acts or extended timeframes. Procedural and Evidentiary Issues Sexual assault cases often involve pretrial litigation concerning admissibility of statements, DNA evidence, medical records, and prior acts evidence under section 90.404, Florida Statutes. Motions may challenge custodial interrogations, search warrants for electronic devices, and the reliability or chain of custody of forensic evidence. Courts within the 18th Judicial Circuit closely evaluate statutory compliance in evidence collection and victim interview procedures. Penalty Exposure Under Florida Law Penalty exposure for sexual battery is severe and depends on offense classification and date of offense. Life felonies expose defendants to decades of imprisonment and, in qualifying circumstances, life imprisonment, while first-degree felonies carry up to 30 years in state prison. Even lower-level felony sexual battery convictions involve mandatory incarceration or lengthy probationary supervision under Florida sentencing law. Collateral Consequences A sexual assault conviction may result in mandatory designation as a sexual offender or sexual predator, with lifetime registration requirements in many cases. Additional consequences include residency restrictions, employment limitations, loss of professional licenses, and long-term reporting obligations. These collateral effects apply independently of the length of any prison sentence imposed. Statutory Classification and Background Florida does not separately define “sexual assault” as a standalone offense, instead prosecuting such conduct under the sexual battery framework of Chapter 794. Sexual battery encompasses both forcible and non-forcible conduct, with statutory distinctions based on penetration, union, age, and use of force. The statutory scheme reflects Florida’s treatment of sexual battery as one of the most serious categories of criminal offenses under state law.