Sexual assault is generally forced sexual intercourse, sodomy, or other sexual penetration of another person—against the person’s will and without the person’s consent. And although precise definitions and punishments vary from state to state, the criminal offense of aggravated sexual assault of a child includes the aggravating circumstance of the victim being a child under a certain age, as defined by the statute—which increases the severity of the crime.
In Florida, sexual assault, often referred to as sexual battery, is defined under Florida Statutes Section 794.011. It is considered a crime when there is forced or non-consensual sexual intercourse, sodomy, or other sexual penetration. Consent is a crucial factor, and lack of it due to coercion, incapacitation, or age makes the act illegal. Aggravated sexual assault of a child includes circumstances where the victim is a minor, which in Florida is a person under the age of 18. The presence of a minor as the victim significantly increases the severity of the offense. The law recognizes various degrees of sexual battery, with penalties ranging from fines and short-term imprisonment for less severe cases, to life imprisonment or even capital punishment for the most serious offenses, such as sexual battery on a child under 12 by an adult over 18. The specific circumstances of the crime, such as the use of force or the victim's age, will determine the exact charges and penalties.