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 generally includes aggravating circumstances that increase the severity of the sexual assault—such as when the assailant or perpetrator uses, displays, or threatens the victim with a deadly weapon (a gun or knife); when the assailant uses a rape drug to incapacitate the victim; or when the victim is a child under a certain age, as defined by the statute.
In Florida, sexual assault is legally referred to as 'sexual battery' and is defined under Florida Statutes Section 794.011. Sexual battery involves 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 without the victim's consent. Consent is not deemed valid if it is given by a person who is deemed legally incapable of giving consent due to mental defect, mental incapacitation, physical helplessness, or if the consent is obtained through the use of physical force, violence, or coercion. Aggravated sexual battery in Florida includes circumstances where the offender uses or threatens to use deadly force, uses a drug to incapacitate the victim, or if the victim is a minor under a certain age, among other factors. The age of the victim is a significant factor, with more severe penalties if the victim is under 12 years old. The presence of aggravating factors can elevate the charge to a life felony, which is punishable by life imprisonment and fines. It's important to note that Florida law also recognizes the offense of 'lewd or lascivious offenses involving children,' which covers sexual activity with minors under certain ages, even without the presence of force or coercion.