The criminal offense of sexual assault generally involves forced sexual intercourse, sodomy, or other sexual penetration of another person—against the person’s will and without the person’s consent.
Sexual assault laws vary from state to state, and in some states the traditional criminal offense of rape is defined as the criminal offense of sexual assault. In some states the touching, groping, or pinching of the body of another person without the person’s consent and for purposes of sexual gratification is defined as sexual assault—and in other states such nonconsensual sexual contact is defined as the criminal offense of sexual battery or forcible touching, for example.
Sexual assault and related criminal offenses are generally located in a state’s statutes—often in the penal or criminal code.
In Florida, sexual assault is legally referred to as 'sexual battery' and is defined under Florida Statutes Title XLVI Chapter 794. It encompasses nonconsensual 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. The lack of consent is a crucial element, and the offense can range in severity from a misdemeanor to a felony, depending on factors such as the use of force or violence, the victim's age, and whether the perpetrator used drugs or a weapon to facilitate the assault. Florida law also recognizes offenses such as lewd or lascivious offenses involving individuals under 16, and other related crimes like 'forcible touching' and 'molestation' under different statutes. Penalties for sexual battery can be severe, including significant prison time, fines, and registration as a sex offender.