St. Petersburg Sexual Battery Lawyer

Sexual battery is the charge Florida law uses for what most people call rape, and it carries some of the longest sentences in the state. If you are looking for a St. Petersburg sexual battery lawyer, the time to get one involved is before you speak with a detective.

Goldman Wetzel defends people accused of sexual battery in St. Petersburg and throughout Pinellas County. Attorney Summer Goldman is a former prosecutor, and she and her partner, Maribeth Wetzel, work every case together. Call (727) 828-3900 or contact us online for a free, confidential consultation.

Contacted by a detective? What to do first

Sexual battery investigations usually run for weeks or months before an arrest. During that time, detectives are building the case, often with your help.

1. Do not give a statement. Tell the detective you want a lawyer and end the conversation. Explaining “your side” rarely ends an investigation and often supplies the evidence it was missing.
2. Treat any call or text from the accuser as recorded. Detectives sometimes arrange these contacts and listen in.
3. Do not agree to a DNA swab or a search of your phone without legal advice. If officers have a warrant, do not interfere. If they do not, you can decline.
4. Keep every message, photo, and call record. Communications before and after the encounter are often the strongest defense evidence.
5. Call a St. Petersburg sexual battery lawyer before an arrest. We can handle investigators and present favorable information to the prosecutor before a charging decision is made.

What is sexual battery in Florida?

Florida does not have a crime called rape. Under section 794.011, Florida Statutes, sexual battery is oral, anal, or genital penetration by, or union with, the sexual organ of another person, or penetration by any other object. “Union” means contact, so penetration is not required for every charge.

When the other person is 12 or older, the State must prove the act happened without consent. Florida defines consent as intelligent, knowing, and voluntary. It does not include coerced submission, and a person’s failure to physically resist is not consent. When the other person is younger than 12, consent is not an issue.

Sexual battery charges and penalties

The degree of the charge depends on the ages of the people involved and on what the State says happened.

Allegation	Classification	Maximum sentence
Accused 18 or older, child younger than 12	Capital felony	Death or life in prison
Accused younger than 18, child younger than 12	Life felony	Life in prison
Deadly weapon used or threatened, or force likely to cause serious injury	Life felony	Life in prison
Specified circumstances, such as a person who was physically helpless, threatened, drugged, or mentally or physically incapacitated	First-degree felony	30 years, or up to life when the accused is an adult and the other person is 12 to 17
Accused 18 or older, other person 12 to 17, no force likely to cause serious injury	First-degree felony	30 years
Accused and other person both adults, no force likely to cause serious injury	Second-degree felony	15 years
Person in a position of familial or custodial authority, child 12 to 17	First-degree felony	Up to life

Several other rules raise the stakes:

• Prior convictions. A prior qualifying sex offense conviction can raise the degree of a new charge, and Florida’s dangerous sexual felony offender law imposes long mandatory minimums in some cases.
• No basic gain-time. A person convicted of sexual battery is not eligible for the standard reduction in time served.
• Registration. A sexual battery conviction requires sex offender registration, and the more serious degrees lead to designation as a sexual predator.

How a St. Petersburg sexual battery lawyer defends these charges

The State has to prove every element beyond a reasonable doubt. You do not have to prove your innocence. Most sexual battery cases turn on one of a few questions.

• Was it consensual? In cases between adults, consent is usually the central issue. Messages, call records, video, and witnesses to what happened before and after often decide it.
• Did it happen as described? We compare each account the accuser has given to police, medical staff, and others, and we review the circumstances under which the accusation was made.
• Is the identification right? Where identity is disputed, we examine the DNA work, the identification procedure, and any evidence of where you were.
• What does the forensic evidence show? We review the medical examination and lab findings and bring in independent experts when the conclusions are open to question.
• Did the police follow the law? A statement taken in violation of your rights, or evidence from an unlawful search, can be suppressed.
• Is the charge the right one? The difference between degrees can be decades. Showing the evidence supports only a lesser charge can change the entire case.

Consent is not a defense when the other person is younger than 12, or when the charge is based on a position of familial or custodial authority over a minor.

Why Goldman Wetzel

• A former prosecutor’s view of the case. Summer Goldman prosecuted cases before she defended them, and she knows how the State evaluates a sexual battery accusation.
• Both partners on your case. Summer Goldman and Maribeth Wetzel work as a team on every case the firm takes.
• Prepared for trial. Sexual battery cases often come down to one person’s word against another’s. We prepare each case as if it will be tried.
• Discretion. We handle these cases quietly, and everything you tell us is confidential.
• Local. Our main office is in downtown St. Petersburg.

Frequently asked questions

Is sexual battery the same as rape?

Yes, in everyday terms. Florida’s statutes use “sexual battery” for the conduct most people call rape, including what is often called date rape.

We had both been drinking. Can I still be charged?

Yes. Alcohol does not decide the case either way. The question is whether the other person was able to consent and did. Florida law treats a person who is unconscious, asleep, or physically unable to communicate unwillingness as physically helpless, and that raises the degree of the charge.

The accuser wants to drop the charges. Will the case end?

Not automatically. The State Attorney decides whether to file and pursue charges, not the accuser. Do not contact the accuser about it yourself. Your lawyer should share that information with the prosecutor.

How long does the State have to file sexual battery charges?

Often there is no deadline. Under section 775.15, the State can charge a life or capital felony at any time, and it can also charge an offense committed since July 1, 2020 against a person younger than 18. Older cases involving minors have their own rules. If the other person was an adult, there is no deadline if the offense was reported within 72 hours; otherwise, the State generally has eight years.

Speak with a St. Petersburg sexual battery lawyer today

The decisions made in the first days of an investigation shape everything that follows. If you or someone you love has been accused of sexual battery, call Goldman Wetzel at (727) 828-3900 or contact us online for a free, confidential consultation.

We represent clients in St. Petersburg and throughout Pinellas County, as well as in Hillsborough, Manatee, and Sarasota Counties. For other charges, see our Pinellas County sex crimes page.