How Does Florida Law Define Lewd and Lascivious Battery? What are the Legal Rights of the Child Victim?

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Child predators, molesters, and other intent on harming child to satisfy his or her desires and criminal conduct will use many tricks and schemes to accomplish their goals and missions. Tragically, every year, many children are harmed and sexually battered by the very individuals entrusted with the care and supervision of the children including but not limited to teachers, teacher aides, coaches, mentors, counselors, school workers, day care center workers, child care providers, babysitters and others.

Section 800.04, Florida Statutes contains some of the Florida law on point when a child is subjected to or exposed to the inappropriate / conduct of the alleged perpetrator. Each part of the statutes (like other laws on point) provide some details and definitions as to the nature of the conduct and the seriousness or level of the crime associated with such conduct.

Section 800.04 (4), Florida Statutes criminalizes Lewd or Lascivious Battery as:

A person who:
(a) Engages in sexual activity with a person 12 years of age or older but less than 16 years of age; or
(b) Encourages, forces, or entices any person less than 16 years of age to engage in sadomasochistic abuse, sexual bestiality, prostitution, or any other act involving sexual activity
commits lewd or lascivious battery, a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

Within the same statute (Section 800.04, Florida Statutes), there is also reference to the following crimes as well: Lewd or Lascivious Molestation under Section 800.04 (5), Lewd or Lascivious Conduct under Section 800.04 (6), and Lewd or Lascivious Exhibition Section 800.04 (7).

Lewd or Lascivious Battery is a crime defined by Florida law. Children especially young children have no ability intellectually, emotionally, or by law to give consent for the Defendant for the sexual battery. Many predators and molesters are under the false belief that the child’s “consent” gives them free reign to rape, batter, and abuse the child. This is far from the truth and reality in most every situation. The sexual battery of a child is a serious crime against a child and one that merits both a criminal prosecution and a civil case (when practical) to pursue damages and compensation from the predator / molester and possibly other entities like schools, day care centers, camps, and others when the conduct or negligence of others causes or contributed in some way to the child being subjected to the “bad” acts of the predator / molester.

A Florida Child Injury Lawyer can advise the parents regarding the rights of the child and the potential civil cases seeking damages / compensation for the injured child.