Sexual Battery (Rape)

Sexual Battery means the 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.

Capital Sexual Battery (where the victim is under the age of 12) is punishable by life in prison. Most other types of sexual battery are punishable by anywhere from 15 years to life in prison depending on the age of the defendant and victim. There are other factors such as the forcible nature of the crime and the victim’s state of mind play a big role in these cases.

Furthermore, being convicted of any type of sexual battery will likely result in classification as a sexual predator, which is explained further below. If you go to prison for a violent sexual act, no matter the sentence, the defendant will not be released until an independent review board determines that the defendant is no longer a danger to society. The standard of review for civil commitment of sex offenders is much lower than the usual criminal standard. A defendant can be involuntarily and indefinitely committed to an appropriate secure facility for further treatment, even after the initial sentence has been served, pursuant to the Jimmy Ryce Act.