Simple Battery vs. Unwanted Sexual Touching in Florida

If someone has accused you of touching them in a sexual manner, you may feel concerned about potential legal penalties. What exactly is the penalty for unwanted sexual touching in Fort Myers? How is this offense any different compared to simple battery in Florida? This is a common question, and it may be worth exploring your unique situation with a lawyer in order to find answers.

There Is No Real Difference Between Unwanted Sexual Touching and Simple Battery in Florida

In Florida, there is not much legal difference between unwanted sexual touching and simple battery. Specifically, unwanted sexual touching is a form of simple battery under Florida law. As long as you touch someone without their permission, you can face simple battery charges in Fort Myers. This applies to both harmful touching and sexual touching. Common examples of sexual touching include groping, grabbing, pinching, and so on. One might also describe these acts as “molestation.”

You Face Heightened Charges for Sexually Touching Minors

Although Florida does not have specific laws against unwanted sexual touching for adult victims, it enforces strict penalties for anyone who sexually touches a child. Specifically, those who sexually touch victims under the age of 16 face felony charges. This is a more serious offense compared to simple battery, which is a misdemeanor in Florida.

Many people believe that these laws need to change. Some argue that all sexual touching should be a felony, regardless of the age of the victim.

Penetrative Touching Becomes Sexual Battery

With all that said, unwanted touching may become sexual battery if it is “penetrative” in nature. Note that you can face this penalty even if you do not penetrate another person with your sexual organ. You can also face sexual battery charges if you penetrate someone with a finger, hand, or object.

How Do I Defend Myself Against Allegations of Unwanted Sexual Touching?

When it comes to criminal charges, the burden of proof is always “beyond a reasonable doubt.” As a result, prosecutors must prove that you sexually touched the victim with strong evidence. If this evidence does not exist, you should not face consequences.

Many of these allegations stem from accidental touching. For example, you might have accidentally touched a woman’s breasts after stumbling and trying to avoid falling. If the touching was truly accidental, you can use this as a defense strategy.

Can a Fort Myers Sexual Offense Defense Lawyer Help Me?

If you face sex crime charges, consider speaking with an experienced Fort Myers sex crimes attorney. While there may be no real difference between “unwanted sexual touching” and simple battery, you could face heightened penalties depending on your unique situation. Plan a personalized defense strategy with help from The Foley & Wilson Law Firm today.

Sources: 

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0784/Sections/0784.03.html

local10.com/news/local/2021/11/22/in-florida-unwanted-sexual-touching-for-victims-16-is-not-a-felony/

flcourts-media.flcourts.gov/content/download/880522/file/SV%20benchbook%202023%20-%20final.pdf