Offenders in a Position of Authority
Under Florida law, it is a felony in the first degree, punishable by 30 years in Florida State Prison, if the act of sexual battery is committed without the alleged victim’s consent when the offender is in a position of authority or control.
Additionally, the victim in such a case almost always has a civil rights claim or a personal injury claim against the agency that employed the offender. Occupations that are included within term position of control or authority include:
- law enforcement officers;
- correctional officers;
- correctional probation officers;
- officers who supervise controlled release, community control, detention, custodial settings, probation, or similar settings; or
- anyone who leads the victim to reasonably believe that the offender is in a position of control or authority as an employee or agent of the government.
Attorney for Sexual Battery with a Position of Authority
The victims of any sexual violence by a law enforcement officer, probation officer, correctional officer, or prison guard should discuss the case with an experienced civil rights attorney in the greater Tampa Bay area. The law enforcement agency that will investigate the claim may not gather all of the evidence against the person accused.
Additionally, although victims are rarely prosecuted for bringing false claims, the victim of a sexual assault or battery by a law enforcement officer can be charged with providing false allegations in a specially created statute to protect law enforcement officers.
The attorneys at the Sammis Law Firm have also represented people charged with rape crimes in the greater Tampa Bay area, so we understand this area of the law.
To discuss your case with an experienced criminal defense attorney at Sammis Law Firm, call 813-250-0500.
False Rape Allegations Against an Offender in a Position of Authority
Under Florida Statute Section 984.011(10), if you falsely accuse any person listed in paragraph (4)(g) or any other person in a position of control or authority as an agent or employee of government of violating paragraph (4)(g), then you can be charged with a felony of the third degree punishable by five years in Florida State Prison.
Surprisingly, such a criminal provision does not apply when the person falsely accused is not a law enforcement officer or other person in authority or control.
This article was last updated on Monday, September 14, 2020.
