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Posts tagged "Recording Phone Calls Without Consent"

Capital Sexual Battery and the Statute of Limitations

If Woody Allen lived in Florida, could he be prosecuted for an alleged sexual offense which occurred over 21 years ago? If his actions constitute capital sexual battery, the answer is yes. Under the express language of ยง775.15(1), Fla. Stat. (2013), a prosecution for capital felony or life felony "...may be commenced at any time." What is capital sexual battery? Since the alleged victim in the Allen matter was below the age of 12 at the time she claims she was assaulted, she is a qualifying victim for purposes of Florida law. The question then becomes whether the acts alleged to have occurred would be considered sexual battery in this state. Section 794.011(1) (h), Florida Statutes (2013) defines sexual battery as "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." Actual sexual intercourse is not required under this statute. 

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