Rape is a form of battery, and is proscribed in Florida Statute § 794.011 under the title “Sexual Battery.”  While a simple battery is usually properly charged as a misdemeanor, adding a sexual aspect to the battery serves as an aggravating factor thereby making felony prosecution appropriate.  For example, if Rufus punches Sally Sue in the arm, he has battered her, but if Rufus punches Sally Sue in the breast, he has sexually battered her.  Penetration, or union of the genitals is not required for rape in Florida.

Florida recognizes many different types of rape, with differing punishments.  One type is known as rape per-se, or statutory rape.  Statutory rape occurs when someone under the age of consent (18) engages in sexual conduct.  Even if the minor was a willing participant to the sexual conduct, it is viewed as rape in the eyes of the law because minors are deemed too young to validly consent.

Florida also recognizes rape “enhancers,” which, if proven, will result in more incarceration.  Some enhancers include:

• The use of a firearm in the commission of a rape
• Physical harm to the victim in the commission of a rape
• Rape of a minor victim
• Rape of an elderly victim
• Rape of a physically incapacitated victim
• Rape of a mentally incapacitated victim

Rape may be broadly defined as any type of sexual contact with the person of another without their consent.