In a sexual battery case that comes down to one person’s word against another’s, some of the most important rulings happen before a jury is seated, when the judge decides what the jury will be allowed to hear about the accuser. I learned how those cases are built as a Major Crimes Unit attorney handling sex crime and child abuse cases. I’m Rocky Brancato, founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, and I have tried more than 150 jury trials to verdict. Our attorneys prepare rape shield motions early because the evidence the statute allows must be proven to the judge before trial, in writing and with witnesses ready.

What does Florida’s rape shield law say?

Florida’s rape shield law says that “specific instances of prior consensual sexual activity between the victim and any person other than the offender may not be admitted into evidence” in prosecutions for sexual battery, lewd and lascivious offenses, and human trafficking. That rule appears in section 794.022(2), Florida Statutes, and it covers cases charged under section 787.06, section 800.04, and section 794.011, Florida’s sexual battery statute.

The same statute contains other rules that shape every sex crime trial. The accuser’s testimony “need not be corroborated,” so a case can go to a jury on testimony alone. Reputation evidence about the accuser’s sexual conduct, and evidence offered to show that the accuser’s manner of dress “incited the sexual battery,” may never be admitted. And a defendant’s use of a condom, or an accuser’s request that one be used, is not by itself relevant to whether a crime happened or whether there was consent. At The Brancato Law Firm, we walk clients through these rules at the first meeting so they understand which arguments are available and which are off the table.

Why does the rape shield law matter in Florida sex crime cases?

The rape shield law matters because many Florida sex crime cases rest almost entirely on the accuser’s credibility, and the statute decides which credibility evidence the jury hears. The number of these prosecutions is substantial. In 2025, Florida recorded 1,933 arrest events for rape, including 74 in Hillsborough County, according to Florida Department of Law Enforcement arrest data published on the Florida Department of Health’s FLHealthCHARTS. That statewide figure is about 41 percent lower than the 3,288 rape arrest events recorded in 2006 in the same data series. Each of those arrests can lead to a prosecution in which section 794.022 controls the evidence.

Legal scholars disagree about where the line should sit. Law professor Michelle J. Anderson argued in a 2002 analysis of rape shield laws that the exceptions in most state statutes weaken the protection the laws promise accusers. For a person accused in Florida, the practical lesson runs the other way: the exceptions are real, but they are narrow, and a judge will apply them only when the defense proves the specific facts. Our attorneys at The Brancato Law Firm build each exception on documents and witnesses, not on general claims about the accuser.

What are the exceptions to Florida’s rape shield law?

Florida’s rape shield law has two written exceptions in the statute and one constitutional exception created by the courts. Each one requires the defense to show the judge, outside the jury’s presence, exactly why the evidence matters to the case.

Exception 1: Proof the defendant was not the source of semen, pregnancy, injury, or disease

Evidence of the accuser’s activity with someone else is admissible if it may prove that the defendant “was not the source of the semen, pregnancy, injury, or disease.” In Audano v. State, 641 So. 2d 1356 (Fla. 2d DCA 1994), a Second District case, a nurse testified that a child’s physical findings showed intercourse that could have happened at any time in the prior three years. The defense was barred from showing that someone else had abused the child during that period. The court held the exclusion was error, explaining that when the State offers medical evidence of intercourse, the defendant is entitled to show prior intercourse with someone else, and it reversed for a new trial. Our post on how to challenge SANE exam evidence explains how this exception works with the medical file.

Exception 2: A pattern of conduct so similar that it is relevant to consent

When consent is the defense, the statute allows evidence of “a pattern of conduct or behavior” by the accuser “so similar to the conduct or behavior in the case that it is relevant to the issue of consent.” Courts read this narrowly. In Carlyle v. State, 945 So. 2d 540 (Fla. 2d DCA 2006), the defense argued that an accuser’s past prostitution showed a pattern, and the Second District called the argument that “prostitution is prostitution” insufficient. A pattern means repetitive conduct that closely resembles the defendant’s version of the encounter. Our attorneys look for specific, repeated, documented conduct before we rely on this exception.

Exception 3: The defendant’s right to a full and fair defense

The rape shield rule gives way when applying it would deny the accused a fair trial. In Lewis v. State, 591 So. 2d 922 (Fla. 1991), a stepfather argued that his stepdaughter invented the accusation to keep a scheduled gynecological exam from revealing her sexual relationship with her boyfriend. The trial court kept that evidence out. The Florida Supreme Court held that when the rule “interferes with confrontation rights, or otherwise precludes a defendant from presenting a full and fair defense, the rule must give way to the defendant’s constitutional rights,” and it sent the case back.

The Second District applied Lewis a year later in Dixon v. State, 605 So. 2d 960 (Fla. 2d DCA 1992). The prosecutor asked jurors how a five-year-old could describe sexual acts unless the accusation were true, while the defense had been barred from calling a witness who said he had seen the child engage in sexual play weeks earlier. The court held that the testimony was relevant and “critical” to the fabrication defense, and it reversed. Motive to fabricate and the source of a child’s sexual knowledge are two of the most common ways our attorneys at The Brancato Law Firm raise this exception.

What evidence is not covered by the rape shield law?

The rape shield law does not cover prior sexual activity between the accuser and the defendant, or accusations of nonconsensual acts by other people. Florida appellate courts have said the statute “only relates to consensual sexual activity with a person other than the accused,” a phrase from Gomez v. State, 245 So. 3d 950 (Fla. 4th DCA 2018) that the First District repeated in Thorne v. State, 271 So. 3d 177 (Fla. 1st DCA 2019). That evidence is still subject to the ordinary rules of relevance, and the judge can exclude it if its value is outweighed by unfair prejudice.

• Prior relationship with the defendant. Gomez held that “the statute does not prohibit admission of sexual incidents between the victim and offender.” A prior relationship can matter to consent and to motive.
• Accusations against other people. In Thorne, the accuser named three other men in an advocacy center interview but did not name the defendant. The First District held the rape shield law did not apply and that excluding the evidence was error, though it found the error harmless on that record.
• Another person as the attacker. In Vincent v. State, 368 So. 3d 993 (Fla. 4th DCA 2023), the trial court used the rape shield law to stop the defense from suggesting someone else raped the accuser. The Fourth District agreed that was error, but affirmed because DNA proved the defendant fathered the child.
• Prior false accusations. A prior accusation that was false is not “consensual sexual activity,” so the statute does not bar it. Gomez explained that admissibility turns on relevance, such as similarity to the current accusation. Our post on whether prior accusations can be used against you covers the other side of that issue.

What did the Second District decide in Johnson v. State in 2026?

In Johnson v. State, No. 2D2024-0982 (Fla. 2d DCA Sept. 25, 2026), the Second District Court of Appeal reversed two sexual battery convictions because the jury was not allowed to hear that, during a 2013 Department of Children and Families investigation, the accuser described sexual abuse by her stepfather while denying any sexual abuse by the defendant, her stepuncle. The trial judge in Sarasota County let the defense mention “abuse” in general terms but barred any reference to its sexual nature. The jury convicted on two counts and acquitted on three.

The Second District held that the sexual nature of the earlier allegation was “necessary to adequately draw a comparison” with the abuse she did not report against the defendant during the same interview, and that it supported the defense theory that the later accusation was fabricated. Because the case was “he said, she said,” the error was not harmless, and the court ordered a new trial on the two counts. The lesson for defendants is that a statement an accuser made years earlier to DCF or a Child Protection Team can be powerful evidence, and the defense should fight to present it in full rather than accept a watered-down version. Johnson binds trial judges in Hillsborough, Pinellas, and Pasco Counties, which sit in the Second District.

How does the in camera hearing work?

An in camera hearing is a private hearing, outside the jury’s presence, where the judge decides whether evidence of the accuser’s sexual history fits an exception before anyone mentions it at trial. The statute requires that the evidence be “first established to the court in a proceeding in camera,” so the defense carries the burden of showing the judge exactly what the evidence is and why it matters.

In our experience in Hillsborough County courtrooms, the defense that wins an in camera hearing is the one that arrives with the specific witnesses and documents, not a general argument about the accuser. Judges in the 13th Judicial Circuit rule on the record in front of them, and a vague proffer usually means the evidence stays out and the issue is weaker on appeal. Our Hillsborough County criminal defense attorneys prepare these motions alongside depositions so the proffer is complete.

What should you do if you are accused of a sex crime in Florida?

If you are accused of a sex crime in Florida, do not speak with investigators, do not contact the accuser, and preserve every message and record that shows your relationship and the accuser’s statements. The evidence that supports a rape shield exception, such as prior messages, earlier reports, or medical records, can disappear if no one asks for it early. If you think you are under investigation but have not been charged, our representation before charges are filed can address the case before the State decides what to file. For the charges themselves, see our guide to what sexual battery is in Florida, and for cases involving children, our guide to child hearsay in sex cases.

Frequently asked questions about Florida’s rape shield law

Can my lawyer ask about the accuser’s past relationships at trial?

Usually not about specific sexual activity with other people, unless the judge first finds an exception applies at an in camera hearing. The Brancato Law Firm files those motions before trial so the judge rules on a full record rather than an objection in front of the jury, as our Tampa sex crimes defense lawyers do in every contested case.

Does the rape shield law apply to a prior relationship between me and the accuser?

No. The statute covers only activity with people other than the defendant, so a prior relationship between the accuser and the accused is judged by ordinary relevance rules. Our attorneys at The Brancato Law Firm use that history when it bears on consent or on a motive to accuse.

Can the defense show the accuser made a false accusation before?

It can, if the earlier accusation is relevant, such as being similar to the current one or showing a motive. A prior false accusation is not consensual sexual activity, so section 794.022 does not bar it, and The Brancato Law Firm investigates earlier reports to DCF, police, and schools to find them. The leading appellate discussion is in Gomez.

Does the rape shield law apply in child sex abuse cases?

Yes. The statute applies to prosecutions under section 800.04, which covers lewd and lascivious offenses against children, as well as sexual battery. Our attorneys at The Brancato Law Firm often rely on Dixon and Audano in child cases, where the source of a child’s knowledge or injury is the central question; our guide to Florida’s age of consent explains the underlying charges.

Can the prosecutor bring up my sexual history?

The rape shield statute protects the accuser, not the defendant. Evidence of a defendant’s other sexual conduct is governed by the Williams rule and related statutes instead, and The Brancato Law Firm challenges that evidence through pretrial motions to exclude or limit it.

Can sexual battery charges be dropped in Florida?

Yes. Prosecutors can drop or reduce charges when the evidence, including evidence a rape shield ruling lets in, undermines the accuser’s account. Our attorneys at The Brancato Law Firm present that evidence to the State Attorney’s Office early when it gives the client the best chance at a dismissal.

For how this fits into the rest of a case, see our guide to each stage of a Florida criminal case.

Talk to a Tampa sex crimes defense attorney

Rape shield issues are decided before trial, so the time to prepare them is now, not the week before jury selection. Our attorneys will review the discovery, identify the evidence an exception may allow, and prepare the motion and witnesses the judge will expect. Call The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, at (813) 727-7159 at any hour; we defend clients in Hillsborough, Pinellas, and Pasco Counties from an office two blocks from the courthouse. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Read our guide for Spanish and Haitian Creole speakers facing criminal charges.

For more about our defense strategies, visit our Sex Crimes page.

The Brancato Law Firm, P.A.
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
(813) 727-7159
Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

Sexual battery cases in Hillsborough County are usually decided by one witness’s account and how well it holds up under cross-examination, long before anyone argues to a jury. I learned that in the Major Crimes Unit, where homicide, sex crimes, and child abuse cases were assigned, and I have spent more than 25 years in Hillsborough County courtrooms since. I’m Rocky Brancato, founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, and our attorneys defend sexual battery charges from second-degree felonies to capital cases across Hillsborough, Pinellas, and Pasco Counties, often starting before a charge is filed.

For an overview of every Florida sex offense, see our guide to sex crime charges in Florida.

What Is Sexual Battery Under Florida Law?

Sexual battery is the Florida crime for nonconsensual oral, anal, or vaginal sex, and for any sexual act of that kind with a child under 12. Section 794.011(1), Florida Statutes, defines it as “oral, anal, or female genital penetration by, or union with, the sexual organ of another or the anal or female genital penetration of another by any other object.” The definition excludes “an act done for a bona fide medical purpose.”

Two parts of that definition surprise people. First, “union with” means contact is enough; penetration is not required when the sexual organ of one person is involved. Second, the definition covers oral and anal acts, so Florida does not need a separate sodomy statute to charge them. Touching without penetration or union is generally charged under other statutes, such as the lewd or lascivious offenses in chapter 800.

Under section 794.022(1), Florida Statutes, the complainant’s testimony “need not be corroborated,” so the State can take a case to trial on one person’s account. Our attorneys at The Brancato Law Firm treat the investigation itself, including how and when the first statement was taken, as evidence to examine; our Tampa sex crimes lawyer page describes that approach.

Is Sexual Battery the Same as Sexual Assault or Rape in Florida?

Yes, in everyday terms. “Sexual assault” and “rape” are the words most people use, but the Florida crime is called sexual battery, and that is the charge that appears on the arrest affidavit and the information. Being “sexually battered” means being the victim of that offense.

The short charge descriptions on booking and court records can be hard to read. “SEX BAT BY ADULT/VCTM LT 12” refers to sexual battery by a person 18 or older on a child under 12, the capital offense in section 794.011(2)(a). “SEX BAT/MINOR,FAM/CUST AUTH” refers to section 794.011(8)(b), sexual battery on a person 12 to 17 by someone in familial or custodial authority. Always confirm the exact statute number on the charging document, because the subsection sets the degree.

How Does Florida Law Define Consent?

Florida defines consent as “intelligent, knowing, and voluntary consent,” and the definition “does not include coerced submission.” Section 794.011(1)(a) adds that consent “shall not be deemed or construed to mean the failure by the alleged victim to offer physical resistance to the offender.”

A person is “physically helpless” if “unconscious, asleep, or for any other reason physically unable to communicate unwillingness to an act.” A person is “mentally incapacitated” when temporarily incapable of appraising or controlling his or her own conduct because of a narcotic, anesthetic, or intoxicating substance “administered without his or her consent” or another act committed without consent. Voluntary drinking does not fit that definition by itself, although the State may still argue the person was physically helpless.

The leading consent case is Statler v. State, 349 So. 3d 873 (Fla. 2022), an Alachua County case in which the Florida Supreme Court upheld subsection (5)(b) against a due process challenge. The Court held that the statute “requires the State to prove, beyond a reasonable doubt, that the complainant in fact did not consent to sexual intercourse, but not that the defendant knew or should have known anything in particular about the complainant’s subjective state of mind.” In practice, a mistaken belief in consent is not a separate defense; what each person actually said and did is. Our attorneys build the consent defense from messages, witnesses, location records, and video.

What Are the Degrees and Penalties for Sexual Battery in Florida?

Sexual battery is always a felony, from second degree to capital, depending on the ages of both people and whether force, a weapon, or an aggravating circumstance was involved. The table reflects section 794.011 as it reads in 2026.

The aggravating circumstances in subsection (4)(e) include a physically helpless victim, coercion by threats of force or retaliation, secretly administering an intoxicating substance, a physically incapacitated victim, and an offender who is a law enforcement or correctional officer or holds similar authority. Maximum terms come from section 775.082, Florida Statutes, and subsection (7), the Junny Rios-Martinez Act, makes anyone convicted of sexual battery ineligible for basic gain-time. Subsection (6) makes the (5) offenses included in the (3) and (4) charges, which gives a jury a lower option when the State overcharges force or an aggravating circumstance.

Can Sexual Battery Be Punished by Death in Florida?

Florida law allows it, although U.S. Supreme Court precedent says the Constitution does not. Since October 1, 2023, sexual battery by an offender 18 or older on a child under 12 has carried a possible death sentence under chapter 2023-25, Laws of Florida, which created section 921.1425, Florida Statutes. A finding that “at least two aggravating factors” exist must be unanimous, and at least eight jurors must vote for death; otherwise the sentence is life without parole.

The law was written to challenge Kennedy v. Louisiana, 554 U.S. 407 (2008), in which the U.S. Supreme Court held that the Eighth Amendment bars the death penalty for the rape of a child when the crime did not result, and was not intended to result, in the child’s death. Section 921.1425 declares that Kennedy “was wrongly decided.” In Bartels v. State, 410 So. 3d 21 (Fla. 4th DCA 2025), a Palm Beach County appeal, the majority did not reach the question because the crimes predated the amendment and “neither party has addressed the Eighth Amendment constitutionality of the 2023 amendment.”

Death notices have been filed. The Death Penalty Information Center reports that Lake County prosecutors announced in December 2023 that they would seek the first death sentence under the law, and that the defendant pleaded guilty in February 2024 and received life without parole. In November 2025, the Attorney General announced the State would seek death in a Hernando County case and asked the U.S. Supreme Court to revisit Kennedy, the Florida Phoenix reported.

Two procedural rules follow from the offense date. For offenses before October 1, 2023, the Fourth District has held a six-person jury is allowed because death was not a possible penalty: Koonce v. State, 425 So. 3d 6 (Fla. 4th DCA 2025), and Oakes v. State, No. 4D2025-2758 (Fla. 4th DCA June 3, 2026), which rejected a preserved request for 12 jurors. And when death is sought, capital defense standards apply: the Florida Supreme Court amended Florida Rule of Criminal Procedure 3.112 in In re Amendments to Florida Rules of Criminal Procedure – 2025 Legislation, 422 So. 3d 123 (Fla. 2025) to cover “any trial in which the defendant is charged with a crime punishable by death unless the death penalty is waived by the state on the record.” Rocky Brancato meets the Florida Rule of Criminal Procedure 3.112 qualifications to defend capital cases, and our firm has tried a capital sexual battery case to a not guilty verdict.

Is There a Statute of Limitations for Sexual Battery in Florida?

Often there is none. Section 775.15, Florida Statutes, replaces the usual felony time limits with special rules for sexual battery, and many cases can be filed at any time.

Subsection (20) came from chapter 2020-81, Laws of Florida, known as Donna’s Law. The DNA extension applies only “if a sufficient portion of the evidence collected at the time of the original investigation and tested for DNA is preserved and available for testing by the accused.”

Old cases come back when untested sexual assault kits are tested. The National Institute of Justice report Down the Road: Testing Evidence in Sexual Assaults (June 2016) describes four-year projects in Detroit and Houston to inventory backlogged kits, prioritize testing, and follow up on database matches. Our post on DNA cold hits explains how those matches are challenged.

What Does Florida’s Rape Shield Law Allow and Exclude?

Florida’s rape shield law bars evidence of the complainant’s prior consensual sexual activity with anyone other than the accused, with two exceptions decided at a hearing outside the jury’s presence. The evidence may come in if it “may prove that the defendant was not the source of the semen, pregnancy, injury, or disease,” or, when consent is at issue, if it shows a pattern of conduct “so similar to the conduct or behavior in the case that it is relevant to the issue of consent.” Reputation evidence and evidence about how the complainant was dressed are barred.

The law has limits. In Vincent v. State, 368 So. 3d 993 (Fla. 4th DCA 2023), a Broward County child sex case, the trial court used the rape shield statute to stop the defense from arguing that someone else had raped the child. The Fourth District agreed that was error because the statute “concerns only consensual sexual activity with a person other than the accused,” though it found the error harmless on DNA evidence and affirmed.

What Evidence Rules Shape a Sexual Battery Trial?

Four rules decide much of what a jury hears: the collateral sex offense rule, the bar on bad-character evidence, the right to cross-examine on motive to fabricate, and the confession rule. Under section 90.404(2)(c), Florida Statutes, when a person is charged with a sexual offense, evidence of other sexual offenses “is admissible and may be considered for its bearing on any matter to which it is relevant,” with written notice “no fewer than 10 days before trial.” Our post on the Williams rule in sex crimes cases covers how those motions are fought.

Evidence that only suggests bad character is still inadmissible, and two 2026 decisions from the Second District, which hears appeals from Hillsborough, Pinellas, and Pasco, show how it plays out. In Green v. State, No. 2D2024-1803 (Fla. 2d DCA Sept. 4, 2026), a Pinellas County case, the State showed the jury a steak knife and two sealed condoms found in the defendant’s van with no evidence connecting them to the crime. The court held their only relevance was “bad character or propensity” and, together with improper prosecutor comments, found fundamental error and ordered a new trial on the sexual battery and battery counts.

In Johnson v. State, No. 2D2024-0982 (Fla. 2d DCA Sept. 25, 2026), a Sarasota County familial-authority case, the trial court stopped the defense from showing that the complainant, in a 2013 DCF interview, accused another relative of sexual abuse while denying any sexual contact with the defendant. The Second District held that limit was an abuse of discretion and not harmless in a “case of he said, she said,” and ordered a new trial on the two counts of conviction.

Finally, section 92.565, Florida Statutes, lets the State use a confession in a sexual battery case without independent proof of each element only after the judge finds it “trustworthy” and makes “specific findings of fact, on the record.” Our attorneys at The Brancato Law Firm demand that hearing whenever a statement anchors the State’s case.

How Common Are Sexual Battery Arrests in Hillsborough County?

Less common than they were. FDLE arrest data published by Florida Health CHARTS show 74 forcible sex offense arrests in Hillsborough County in 2025, down from 118 in 2024 and 151 in 2017 (Florida Health CHARTS, Forcible Sex Offenses, FDLE data). Statewide, Florida recorded 1,938 forcible sex offense arrests in 2025, compared with 2,486 in 2017.

These are arrest counts, not convictions, and the FDLE category is broader than sexual battery. The same data show 88 such arrests in Pinellas County and 41 in Pasco County in 2025.

What Happens After a Sexual Battery Conviction in Florida?

A sexual battery conviction requires sex offender registration for life, and a first-degree, life, or capital conviction makes the person a sexual predator on a single offense. Under section 943.0435, Florida Statutes, a person convicted under section 794.011 must report in person to the sheriff within 48 hours after establishing a residence, and the 25-year petition to end registration is not available when the requirement is based on an adult conviction under section 794.011.

Under section 775.21, Florida Statutes, one conviction for “[a] capital, life, or first degree felony violation, or any attempt thereof,” of section 794.011 triggers the sexual predator designation. A second-degree conviction under subsection (5)(b) does not, unless the person has a qualifying prior. That difference makes the degree of any plea a central negotiating point. Our post on sex offender registration in Florida explains the reporting duties.

How Do Our Attorneys Fight a Sexual Battery Charge?

Our attorneys test each element with independent evidence, starting before the State’s case is complete:

1. Actual consent. We gather the messages, witnesses, location records, and video that show what each person said and did.
2. Identity and DNA. An independent DNA expert reviews the lab’s work and whether a database match is reliable.
3. False or unreliable accusation. We look for motive, such as a divorce or custody dispute, and for changes between the first report, the forensic interview, and the deposition.
4. The statutory definitions. We challenge proof of “physically helpless,” “mentally incapacitated,” or the force that raises the degree.
5. Evidence rules. We move to exclude collateral acts and character evidence, protect cross-examination on motive, and demand a section 92.565 hearing on any confession.
6. Time limits. We check the report date, the complainant’s age, and DNA preservation against section 775.15.

Our post on common defenses to sex crime charges in Florida covers more of these strategies.

Real Results in Sexual Battery Cases

Past results do not guarantee future outcomes. More results are on our case results page.

What Should You Do If You Are Under Investigation for Sexual Battery?

Stop talking about the allegation and call a defense lawyer before you speak with law enforcement.

• Do not give a statement. Tell the detective you will not answer questions without a lawyer.
• Do not contact the accuser. Detectives often arrange a recorded call or text exchange, and an apology for anything can be played to a jury as an admission.
• Preserve your evidence. Save messages, call logs, photos, and location history, and do not reset your phone.
• Hire counsel before charges are filed. Our representation before charges are filed can include presenting evidence to the State Attorney’s Office for the 13th Judicial Circuit, which decides whether to file the charging information.

After a Hillsborough County arrest, first appearance happens within 24 hours, and the person is held at the Orient Road Jail until release is set. Our Hillsborough County criminal defense attorney page explains the local process.

Frequently Asked Questions About Sexual Battery in Florida

Is sexual battery a felony or a misdemeanor in Florida?

Sexual battery is always a felony in Florida, from a second-degree felony punishable by up to 15 years to a capital felony. The Brancato Law Firm reviews the charged subsection first, because it sets the degree, the predator question, and the plea options.

Can sexual battery charges be dropped in Florida?

Yes, the State can decline to file or can dismiss a sexual battery charge when the evidence shows consent, excludes the accused through DNA, or undermines the complainant’s account. The Brancato Law Firm has had a cold-case sexual battery charge dismissed after a defense DNA expert excluded our client; see our case results.

Is there a time limit to charge sexual battery on an adult in Florida?

Usually eight years, but there is no limit if the offense was reported to law enforcement within 72 hours or the charge is a life felony. Our attorneys at The Brancato Law Firm check the report date and charge level under section 775.15 in every older case.

Is believing the other person consented a defense to sexual battery in Florida?

No, because under Statler v. State the State must prove only that the complainant did not in fact consent, not what the accused knew. The Brancato Law Firm builds consent defenses around the words and conduct each person actually showed, using messages, witnesses, and video; our sex crime defenses guide explains more.

Can someone be convicted of sexual battery in Florida on the accuser’s word alone?

Yes, because section 794.022(1) says the complainant’s testimony “need not be corroborated.” Our attorneys at The Brancato Law Firm investigate the account itself, an approach described on our sex crimes defense page.

Should I talk to a detective who calls about a sexual assault allegation?

No, not before speaking with a lawyer. The Brancato Law Firm can contact the detective for you and pursue pre-file advocacy with the prosecutor before a charging decision is made.

Call Before the Case Is Built Without You

Whether you have a court date, a booking number, or only a voicemail from a detective, call The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, at (813) 727-7159. We will step in with law enforcement, preserve the evidence that supports you, and start building the defense in the first week. Call us at any hour for a free, confidential consultation. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Read our guide for Spanish and Haitian Creole speakers facing criminal charges.

For more about our defense strategies, visit our Tampa Sex Crimes Lawyer page.

The Brancato Law Firm, P.A.
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
(813) 727-7159
Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.