The knock on your door came fast, and the next thing you knew, you were in handcuffs, accused of sexual abuse against someone you loved and trusted. In Florida, sexual abuse domestic violence charges often involve serious allegations, such as marital rape or sexual battery against a partner, spouse, or other relative. Even without physical evidence, accusations can threaten your freedom, reputation, and future.
At the Law Office of Robert David Malove, our South Florida domestic violence defense lawyers understand that being accused doesn’t make you guilty. You can challenge the charges, present your side of the story, and protect your legal rights. Here’s what you should know about how sexual assault can be part of a domestic violence case in Florida and what defense options may be available to you.
How Sexual Abuse Fits Into Florida Domestic Violence Cases
In Florida, domestic violence can include sex crimes when the alleged victim is a spouse, partner, family member, or household member.
Sexual abuse in this context often refers to sexual battery, which Florida law defines as any non-consensual sexual act involving physical force, coercion, or when the victim is unable to consent due to age, intoxication, or mental incapacity.
Marital Rape
Florida removed the “spousal immunity” exception, so marriage is not a defense to sexual battery charges. Under Florida Statutes, marital rape is prosecuted like any other sexual battery offense. If you’ve been accused of raping your spouse, it’s essential to know that:
- Consent matters in marriage. Marriage does not imply ongoing consent. A spouse has the right to refuse sexual contact at any time.
- Force or coercion is not required in all cases. If the accuser was impaired or incapable of giving consent, the law may treat it as non-consensual even without threats or violence.
- Penalties are severe. Depending on the circumstances, a conviction can result in decades in prison, mandatory sex offender registration, and permanent damage to your reputation.
But you do have the right to defend yourself. An arrest does not mean that you will be convicted.
Sexual Abuse of a Dating Partner
Florida law also covers sexual battery against someone in a dating relationship. Date rape cases can be complex because prosecutors often use prior relationship history to strengthen their case, even when the alleged incident lacks physical evidence.
Sexual Abuse of a Family Member or Household Member
Charges may arise if the alleged victim is related by blood or marriage or resides in the same household. This includes stepchildren, in-laws, or extended relatives.
Sexual Abuse of a Minor Within a Domestic Setting
When the alleged victim is under 18, the stakes increase dramatically. Even consensual activity with someone under the legal age of consent can lead to criminal charges, mandatory prison sentences, and lifetime registration as a sex offender.
Proving the Crime: Elements and Evidence
Before prosecutors can secure a conviction, they must establish all elements of the crime beyond a reasonable doubt. For sexual battery in a domestic violence context, the prosecution must generally prove that:
- Sexual contact occurred. The defendant committed an intentional sexual act involving penetration or union with the sexual organ of another.
- The act was non-consensual. The victim did not give consent or was unable to consent due to age, intoxication, mental incapacity, or coercion.
- The victim had a domestic relationship with the defendant. This includes spouses, former spouses, dating partners, relatives, or household members.
- The defendant acted knowingly and intentionally. There was no accident or mistake in the act.
Types of Evidence Prosecutors May Use
To prove these elements, prosecutors often rely on a combination of physical, testimonial, and digital evidence, including:
- Victim testimony. This may include statements given to law enforcement, during depositions, and in court.
- Medical or forensic reports. The prosecution will look for documentation of injuries, DNA results, or toxicology findings.
- Digital communications. Text messages, emails, and social media posts may be used to suggest motive, intent, or lack of consent.
- Witness accounts. Observations from neighbors, relatives, or friends who may have seen or heard events around the alleged incident may be used as evidence against you.
- Expert testimony. Medical professionals, forensic specialists, or psychologists may explain injuries, trauma responses, or behavioral patterns.
Because these cases often come down to one person’s word against another’s, credibility battles become central to the prosecution’s case, and weaknesses in the prosecution’s evidence can be critical to your defense.
Potential Penalties for Sexual Abuse in Domestic Violence Cases
Penalties depend on the specific charges and circumstances, but they can significantly impact your life for many years. Penalties for the following crimes may include:
- Sexual battery (adult victim). This is a first-degree felony, punishable by up to 30 years in prison, fines of up to $10,000, and mandatory sex offender registration.
- Sexual battery (minor victim). If the alleged victim is under 12, the charge is a capital felony, punishable by life in prison without parole. If the victim is between 12 and 18, penalties still include lengthy prison sentences, large fines, and lifetime registration.
- Sexual battery with aggravating factors. In some cases, a sexual battery conviction can result in a life felony. Aggravating factors include the use of a deadly weapon, serious bodily injury, or if the victim was physically helpless due to intoxication, unconsciousness, or disability.
- Domestic violence conviction. A domestic violence conviction may include probation, batterers’ intervention programs, firearm restrictions, mandatory counseling, no-contact orders, and a permanent criminal record.
Beyond prison and fines, a conviction can bring devastating long-term consequences, including but not limited to:
- Loss of employment and difficulty finding work
- Revocation of professional licenses
- Restrictions on child custody and visitation rights
- Permanent social stigma and damaged personal relationships
- Immigration consequences, including deportation for non-citizens
For these reasons, it’s essential to consult an experienced Fort Lauderdale criminal defense lawyer as soon as possible.
Possible Defense Strategies for Domestic Violence Sexual Abuse Charges
A South Florida domestic violence sexual abuse lawyer will design a defense tailored to your case. Depending on the circumstances and available evidence, your lawyer may:
- Challenge credibility. Your lawyer may argue that the sexual abuse never occurred by identifying inconsistencies in the accuser’s story, showing motives to fabricate allegations, or presenting prior false accusations.
- Prove consent. If the alleged victim was an adult capable of providing consent, then sexual abuse did not occur. Your lawyer may use messages, social media posts, or witness testimony to demonstrate that the encounter was consensual.
- Attack the evidence. Evidence must be admissible in court to be used against you. An experienced attorney may question forensic results, challenge the reliability of witnesses, and dispute the chain of custody.
- Argue a lack of intent. In some cases, an attorney may demonstrate that the act was not committed knowingly or intentionally.
- Highlight constitutional violations. Evidence obtained through unlawful searches, seizures, or interrogations may not be admissible in court.
- Present an alibi. If your attorney can show you were elsewhere at the time of the alleged offense, then the charges against you may be dismissed or you may be acquitted.
- Argue that there is reasonable doubt about your guilt. Your lawyer may point to alternative explanations of what happened and show that alleged injuries or behaviors could be explained by something other than sexual abuse.
In every case, acting quickly to secure legal representation is critical. Evidence can be lost, memories fade, and prosecutors start building their case from day one.
Protect Your Rights and Future
If you are facing accusations involving domestic violence sexual abuse in Florida, the decisions you make now will have a lasting impact on your future. An experienced South Florida criminal defense lawyer can help preserve critical evidence, protect your rights, and create a strategy to achieve the best possible outcome.
At the Law Office of Robert David Malove, we fight aggressively for those accused of serious crimes in South Florida—because your freedom, reputation, and future deserve nothing less.
