Is There a Difference Between Sexual Assault and Rape Under Florida Law?

What Is Considered Sexual Assault in Florida?

In Florida, sexual assault encompasses a variety of sex crimes. These offenses can range from unwanted touching to rape. Often, the term “sexual assault” is used to describe any number of sexually-related offenses. However, it’s also often used to describe the crime of sexual battery.

Florida Sexual Assault Laws

According to Florida’s laws, sexual assault is any type of unwanted sexual contact forced on one person by another. Sexual assault can involve touching a person’s sexual organs or other body parts in a sexual manner or the perpetrator forcing them to touch them in a sexual way against someone’s wishes.

Statute of Limitations for Sexual Assault in Florida

In Florida, the statute of limitations for sexual assault is four years from the date of the incident. It’s important to report the crime in a timely manner to ensure that it can be investigated and heard in court. Failing to report within the statute of limitations means that victims can miss holding their attackers accountable.

What Is Considered Rape in Florida?

Rape in Florida occurs when certain elements are in place. It can be committed when a person penetrates someone else vaginally, orally or anally without their consent. It doesn’t matter whether the penetration is done with a sexual organ or a foreign object. A victim can be conscious or unconscious through intoxication with alcohol or drugs or a combination of both.

Sometimes, the crime is perpetrated through violent means with the victim fighting back, but it can also occur through threats where the victim feels backed into a corner and doesn’t fight back. Often, this is because the victim is so fearful, they don’t react the way they might have always envisioned in that situation.

Florida Statute of Limitations on Rape

In Florida, if a rape victim is under 16 and reports the crime within 72 hours, there is no statute of limitations. If the victim is at least 18 years old, the statute of limitations is four years from the date of the attack. If a rape resulted in the victim’s death, it’s considered one of the most serious felony sex crimes and carries up to a 10-year statute of limitations.

Legal Differences Between Sexual Assault and Rape in Florida

Although sexual assault and rape are similar crimes in Florida, they usually carry some differences. Depending on the nature of the crime, sexual assault can be charged as a misdemeanor or felony. On the other hand, rape is always classified as a felony offense.

Elements of the Offense

In order to prove sexual assault, the elements of the offense must be in place. One is the lack of consent; the victim must have been forced into the act. Also, sexual assault often involves the use of verbal or physical threats of violence and sometimes, the use of weapons. Even if the weapon is not actually used, even the act of brandishing one to instill intimidation into the victim counts as an element of the crime. The victim being too scared to fight back or being physically restrained is another element of sexual assault.

Rape also occurs when certain elements are in place. The first is that the victim did not consent to the act. Rape always involves violence whether that entails the use of weapons, threats, restraints or physical force against the victim. Sexual penetration of a victim’s vagina, anus or mouth with a bodily organ or foreign object is the last element of rape. The crime can be perpetrated against any person regardless of their age or gender.

Definition of Terms

To understand sexual assault and rape in Florida, it’s important to have definitions of common terms involved in the crimes. Those include “sexual assault,” “rape” and “consent.”

Sexual Assault

Sexual assault refers to any type of sexual contact made by one person against another without consent. It includes a number of sexual offenses but doesn’t necessarily involve rape. Types of sexual assault include attempted rape, forcing a victim into performing various sexual acts, penetrating the vagina, anus or mouth with a sex organ, other bodily organ or foreign object or sexual touching or fondling.

Rape

Rape is a type of sex offense that occurs when a person forcibly penetrates the victim’s vagina, anus or mouth with a body part or foreign object against their will and without their consent. While it is considered a type of sexual assault, not all forms of sexual assault are considered rape. Rape can be committed when the victim is conscious or unconscious.

Consent

Consent occurs when a person is a willing participant in a sexual act. It requires them to explicitly state that they want to engage in sexual activity.

Under Florida law, there is a difference between sexual assault and rape. Generally, rape is considered a more serious offense. If you have been sexually abused or raped, or are the victim of another sex crime, you may have the opportunity to hold the perpetrator accountable. 

Take back control of your life when you contact a Florida sexual abuse lawyer at Andrew Pickett Law, PLLC. Schedule a confidential case review when you call our office to discuss your legal options for financial recovery.

Florida Sexual Battery Laws

In the state of Florida, sex crimes and unlawful sexual conduct are discussed in the Florida statute on sexual battery. Rape and sexual assault are similar offenses, yet they differ under the law. Typically, sexual assault can be tried as a misdemeanor or a felony depending on the circumstances of the case. Conversely, rape is always considered a felony under Florida law.

If you were sexually abused or raped in the state of Florida, you may have grounds for civil action against the perpetrator. You can find out more about how to ensure the liable party is held accountable to the fullest extent of the law when you contact Andrew Pickett Law, PLLC for a free consultation.

Common Sex Crimes Under Florida Law

In the state of Florida, any type of forced sexual contact falls under the sexual battery statute. Criminals can face several different types of sex offenses under the law, including:

• Rape – This occurs when the victim is forced to engage in vaginal, oral, or anal penetration with an object or sexual organ.
• Lewd and lascivious sexual activity – These crimes occur when minor children, aged 16 years or younger, are victims of exhibition or molestation.
• Unlawful sexual activity with a minor – Also commonly referred to as statutory rape, these charges can apply when anyone 24 years of age or older engages in sexual activity or intercourse with someone 17 years of age or younger. It does not matter whether both parties consented to the sexual activity in statutory rape cases.
• Solicitation and/or prostitution – Offering sexual acts in exchange for something of value such as money is grounds for prostitution and solicitation charges. Parties who can face charges for solicitation and prostitution include sex workers, pimps, “madams”, and “johns”.

How to Bring the Perpetrator to Justice

You can take action against the person who sexually abused or raped you in several ways. First and foremost, the perpetrator could be facing criminal charges. Depending on the circumstances of your case, the defendant could be facing misdemeanor or felony charges. If convicted of sexual battery at the felony level, the defendant could face $10,000 in fines and a prison term of up to 15 years. 

However, if aggravating factors are present, such as the use of a deadly weapon, causing serious bodily injury, or sexually abusing someone who is physically incapable of resisting, the charges could be increased to a life felony or first-degree felony. If convicted at this level, the defendant could be facing life in prison. Those who are released on parole may be required to register as sex offenders, typically for the rest of their lives.

However, criminal charges are not the only way the defendant can be held accountable. You can take action against them by reaching out to a sexual abuse lawyer in Brevard County for help. With a personal injury lawyer on your side, you can seek to hold the perpetrator accountable in civil court. Your abuser and anyone else who is responsible for facilitating the abuse could be ordered to compensate you for damages, accordingly.

Statute of Limitations for Sexual Abuse Civil Claims

Sexual abuse claims are considered a type of personal injury lawsuit. Florida law has one of the most victim-friendly statute of limitations for personal injury claims in the country. Injury victims have up to four years to get their lawsuits filed. 

If your civil claim is not filed before the statute of limitations runs out, the courts will have no other choice but to prohibit you from moving forward with your case. The sooner you get a sexual abuse lawyer on your side, the sooner we can begin gathering evidence against your abuser and recover the compensation you need to go on with your life.

Contact a Sexual Abuse Attorney in Brevard County Today

No matter what type of sex crime you endured, you can take action against those responsible for your suffering. Make the liable party pay. Contact a Brevard county sexual abuse lawyer at Andrew Pickett Law, PLLC today. 

Our firm is proud to offer no-cost, risk-free consultations to sexual abuse survivors across Brevard County and surrounding cities. Claim yours when you call us or complete our secure contact form.

Frequently Asked Questions

How Is Sexual Assault Defined in Florida?

Florida defines sexual assault as any type of sexual contact forced onto a person against their will and without their consent. Sometimes, it involves the penetration of the victim’s vagina, anus or mouth with a bodily organ or foreign object, but it doesn’t always equate to rape. Sexual assault encompasses a variety of sex crimes and can occur when a person is conscious or unconscious.

What Are the Three Types of Sexual Assault Cases?

There are three types of sexual assault cases that can be tried: rape, sodomy and incest.

What Falls Under the Term Sexual Assault?

Different types of sexual contact that take place without a person’s explicit consent fall under the term sexual assault. This can include anything from inappropriate fondling to forcing a victim to perform oral sex to rape.

What Is 3rd Degree Sexual Assault in Florida?

In Florida, 3rd degree sexual assault occurs when a parent or guardian forces a child to perform sexual acts with people. This offense occurs when the victim is under 18 years old.

What Are the 4 D’s of Sexual Assault?

The four D’s of sexual assault are “direct,” “distract,” “delay” and “delegate.”

What Are the 3 D’s of Sexual Assault Prevention?

The three D’s of sexual assault prevention are “direct,” “distract” and “delegate.”

What Is the Difference Between Sexual Assault and Sexual Battery in Florida?

The difference between sexual assault and sexual battery in Florida is that the former involves any sexual contact not consented to; meanwhile, sexual battery refers to sexual assault involving physical force or the threat of it.

How Does Florida Define Sexual Battery?

Florida defines sexual battery as penetration of a victim’s vagina, mouth or anus by a sex organ or foreign object.

What is Considered Sexual Battery in the State of Florida?

In Florida, sexual penetration without consent is considered sexual battery. This can include the penetration of a victim’s vagina, anus or mouth with a sexual organ or object.

What Does Florida Law Define as Violence?

Florida law defines violence as any type of assault against another person and may include battery, assault, aggravated battery, aggravated assault, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping or false imprisonment that results in injury or death to the victim.

What Are the Two Types of Reporting of Sexual Assault?

If a victim wishes to report sexual assault, the two types of ways they can do so are through a restricted or unrestricted report. Restricted reports don’t result in an investigation while unrestricted results in an investigation.

What Is the Minimum Sentence for Sexual Assault in Florida?

The minimum sentence for sexual assault in Florida is 34.5 months.

What Is Aggravated Sexual Assault in Florida?

In Florida, aggravated sexual assault applies if the victim is a child younger than 12, the attacker was a person in authority, the attacker made threats of physical harm to the victim or their loved ones or used a deadly weapon during the crime, the victim was physically or mentally incapacitated or the crime resulted in serious bodily harm causing permanent disfigurement or disability.