Sexual battery by an authority figure refers to unlawful sexual contact with an individual when the perpetrator is in a position of power or authority. Crocker v. State, 24 Fla. L. Weekly D1616b (Fla. 2d DCA July 9, 1999). Examples of custodians include parents, step parents, foster parents, priests, sports coaches, babysitters, day care workers, etc. I know what is at stake if you have been accused of this crime. Told everything how it was, very responsive to call and email. Your First Interview. An example of sexual assault is a man who attempts to touch a woman's genitals without her permission, but the woman was able to escape untouched.
In addition, sex with the following people is criminal if they do not have the capacity to knowingly consent: In some states, sexual contact with a minor above a certain age is criminalized only if the offender is older than the victim by a certain number of years – more than three years, for instance. Sexual battery by an authority figure is unlawful sexual contact with a victim by the defendant or the defendant by a victim accompanied by the following circumstances: - The victim was, at the time of the offense, thirteen (13) years of age or older but less then eighteen (18) years of age; or. Violations of this subsection are considered a Class B felony, punishable by anywhere from eight to thirty years in prison and a fine not to exceed $25, 000. A local realtor was indicted this month for an alleged inappropriate relationship with a minor in her care.
Your future depends on a solid defense. And even if they should be keeping an open mind, investigators may be biased during interviews with a sexual battery suspect. A defendant also can claim that the sexual activity was consensual. A person convicted of a sex crime also will face penalties or consequences other than jail or prison. A sexual battery attorney can work with you to gather evidence supporting your account of the incident and begin to raise doubt concerning the prosecution's case. A conviction by a trial or a plea to the charge results in the automatic revocation of the bail bond. If the defendant is found to have been in a position of authority over the minor at the time of the offense, the charge is more serious. That is, the alleged victim gave consent to the act now claimed to be a sex crime. If you have been charged with sexual assault or battery, you don't have to face the accusations or the justice system alone.
Note that in 1992 the legislature created a separate crime, rape of a child, which is an A felony. You should also keep a list of witnesses who saw you interact with the victim. We will conduct in-custody visits and consultations. What offenses constitute sexual battery can vary between states; however, all sexual battery offenses occur without the survivor's consent.
Mike took care of my legal and civil case and was very helpful and Professional. He worked with me, on a real level and communicated realistic expectations for my situation. He has successfully defended individuals against sexual battery charges and other criminal matters in Davidson and Williamson Counties. "Physically incapacitated" means bodily impaired or handicapped and substantially limited in ability to resist or flee. This includes unsolicited sexual touching or misconduct involving specific individuals. Call us to set up a formidable defense against your charges. PERL is a sponsored project of the Mid South Peace and Justice Center, a 501(c)(3) non-profit organization. Call my office today at (850) 243-6097 to discuss the facts of your case and to find out what I can do to protect your future. Persons of authority include teachers, principals, coaches, religious leaders or anyone who has supervisory or disciplinary power over a minor. Source: Tennessee Bureau of Investigation, "Statutory Definitions of Tennessee Sexual and Violent Sexual Offenses with Related Codes, " accessed Nov. 6, 2014. This statute does not only cover teachers asking for sex but anyone with custodial authority.
The court reclassified your crime up by one felony degree level because you manipulated your position to prey on minors. Sex offenses are highly complex and a continually changing area of the law that requires an attorney who understands the laws of the sex offense registry and the recent updates to state and federal statutes. Some states require a minimum prison sentence or require the court to impose a prison sentence without probation or early parole. The defendant committed an act in which either: - The sexual organ of the defendant or the victim would penetrate or have union with the anus, vagina, or mouth of the victim or defendant; or. What To Do if I've Been Accused of Sexual Battery? TCA: § 39-13-532 – Statutory Rape by an Authority Figure. "Mentally incapacitated" means temporarily incapable of appraising or controlling a person's own conduct due to the influence of a narcotic, anesthetic, or intoxicating substance administered without his or her consent or due to any other act committed upon that person without his or her consent. The judge in Crocker v. State explained: [T]he State should be required to prove that, under the factual circumstances of the child's family structure, the perpetrator has established a familial supervisory role for the victim. A sexual battery conviction typically requires the defendant to register as a sex offender, in addition to other criminal penalties. For example, if the prosecutor feels their victim will not make a good victim or if the victim's family does not want to see the defendant go to prison, a prosecutor may cut a deal in exchange for the defendant pleading guilty. While the statute uses the word familial, the person does not need to be related but only have familial authority. An experienced sexual assault attorney will get to work immediately to limit the damage.
Mistaken Identity: When the victim submits to sexual relations because they mistakenly identified the offender as their spouse, the offender was aware of the error. The laws and consequences regarding sexual battery can vary from state to state; however, in the United States, the most common consequences of sexual battery are fines and jail time. What does the State of Florida have to show to prove sexual battery? There was no consent to sexual contact of an intimate part, sexual act, or sexual activity. In Tennessee, sexual battery refers to sexual contact (intentional touching of any party's intimate parts or clothing covering them, if touching for sexual arousal or gratification) with another person by force, coercion, fraud, or without the other person's able consent. The purpose of this is to deter predators from preying on minors through the school system. A familial authority or custodial authority committing sexual battery is ranked as a level 9.
In some states, such as Florida, sexual battery includes oral, anal, or vaginal penetration. Q: When does the statute of limitations stop? During this interview, investigators check to see how closely your answers align with the alleged victim's story. However, they often incriminate themselves or make statements that are misinterpreted and used against them. Sexual battery is a felony or misdemeanor depending on the circumstances of the offense and the laws of the state where the offense occurred. Whatever the circumstances, the crime hinges on the perpetrator taking advantage of the trust and familiarity a victim has in order to coerce them or force them into having sex. As a sex offender, you will have trouble gaining employment or housing and will most likely be unable to maintain both personal and business relationships. The defendant knows or has reason to know that the victim in mentally defective, incapacitated or physically helpless or the sexual contact is accomplished by fraud. Sexual Battery & Aggravated Sexual Battery in Tennessee.
However, the offender could be charged with a felony if the survivor was physically harmed or if the offender was in possession of a deadly weapon at the time of the offense. Anyone who acts in any capacity of authority over a child could qualify as familial or custodial under this charge. They will need to prove what happened. Additional Resources.
We are available 24/7 to take calls and will quickly evaluate your case. See for yourself why 30 million people use. Backed by more than a century of combined experience, our firm is a force to be reckoned with. In a prosecution under this section, the state is not required to prove the actual identity or age of the minor. This means that, if convicted, this one act may follow you around for the rest of your life, and you may go to prison.