Sexual Battery Rights and Services

Victims of sexual crimes need compassion, sensitivity and empathy. Being the victim of a crime can be overwhelming. Your reactions are normal. Local certified rape crisis centers have advocates who are there to help all victims, regardless of whether or not they report to law enforcement. Services are free and confidential – certified rape crisis centers are legally and ethically required to protect your confidentiality, unless you allow, in writing, the release of your information.

Advocates are available to:

• Provide crisis intervention
• Speak to you on the 24-hour hotline
• Discuss your options
• Navigate available resources
• Go with you to appointments
• Address safety concerns
• Advocate on your behalf
• Help you apply for victim compensation 

In Florida, the legal term for rape or sexual assault is sexual battery (F.S. 794.011). Sexual battery means 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, committed without your consent. Consent means intelligent, knowing, and voluntary consent and does not include coerced submission. Failure to offer physical resistance to the offender does not imply consent. A person under 16 years of age cannot legally consent to sex. Also, a person 24 years of age or older or a person in a familial or custodial position of authority cannot receive consent from 16 and 17 year old minors. 

MYTH: You can only be raped by a stranger.
FACT: Most perpetrators are known to their victims. 82% of sexual assaults were perpetrated by a non-stranger. 47% of assaults were committed by a friend or acquaintance.

MYTH: Only women are raped.
FACT: 1 in 5 men have been victims of a sexual crime and are eligible for services from Florida’s rape crisis centers.

MYTH: I didn’t fight back so it’s not a crime.
FACT: A perpetrator can be arrested even if you didn’t physically resist. Not fighting back does not imply consent!

There is no “right” way to feel after being assaulted. Victims experience a variety of reactions, including:

• Denial
• Shock
• Anger
• Confusion
• Fear
• Anxiety

Florida Council Against Sexual Violence
1-888-956-7273
fcasv.org

Victim Crimes Compensation
(FL Attorney General's Office)
1-800-226-6667
Florida Attorney General - Application for Victims Compensation (myfloridalegal.com)

Florida Department of Law Enforcement
Sexual Offender/ Predator Unit
1-888-357-7332; 1-850-410-8572
For TTY Accessibility: 1-877-414-7234
E-mail: [email protected]

Victim Information and Notification Everyday (VINE)
1-877-VINE-4-FL
https://www.vinelink.com/

VINE provides custody status and criminal case information.
Registration is required for this service.

Florida Abuse Hotline
1-800-962-2873

Suncoast Center, Inc.
Sexual Assault 24/7 Helpline: 727-530-7273
To schedule an appointment: 727-388-1220
Serving Pinellas County Florida

The forensic exam is a head-to-toe exam to collect evidence and check for injuries after a sexual crime.

• Stop the exam at any time
• Have an advocate from a rape crisis center with you
• Be informed about the status of the kit during processing

During the exam, the medical professional may collect blood, urine, saliva, pubic hair combings and/or nail samples. They may also collect items of your clothing. They will ask you questions about the crime and your medical history in order to help them collect evidence.

If you make a report to law enforcement, your kit will be sent to the regional or statewide lab within 30 days for testing. The lab is required to process the kit within 120 days. If you don’t report the crime to law enforcement at the time you obtain the exam, your kit will be stored anonymously. Your kit may be stored for only a limited time, depending on your community’s storage space. The local rape crisis center can advise you about the storage timelines in your community.

The medical professional may provide HIV prevention medication. Also, you may be able to get emergency contraception if you are concerned about pregnancy as a result of the crime. If the medical professional is unable or unwilling to assist you, the local rape crisis center can assist you. You may be responsible for paying for medications and additional health care costs.

By law, medical providers cannot charge you for an exam, even if you have insurance and even if you don’t report the crime to law enforcement.

•  Obtain a forensic exam whether or not you report to law enforcement
• Have an advocate at the forensic exam with you
• Have the forensic exam sent for testing within 30 days, if reported to law enforcement
• Review the law enforcement report prior to final submission
• Be informed, present, and be heard at all crucial stages of the criminal or juvenile proceeding
• Have an advocate with you during a discovery deposition
• Have identifying information about the criminal investigation kept confidential
• Have the offender, if charged, tested for HIV and hepatitis
• Attend sentencing or disposition of the offender
• Notification of judicial proceedings and scheduling changes
• Notification about the release of incarcerated offender
• Request restitution
• Give a victim impact statement
• Not be subjected to a polygraph
• Take up to 3 days of leave from work (with eligible employer)
• Apply for an injunction if you fear for your safety or offender is nearing release

• Medical Care
• Lost Income
• Mental health services
• Relocation
• Other expenses related to injuries as a result of the crime