Man Guilty of Sexual Assault in Fort Myers Park

Assault is something that can happen anywhere, from private homes to bars to outdoor spaces such as parks. Plus, it can happen in many forms. It may be a shove, punch, slap, or a kick. It may even go as far as unwanted sexual activity.

A man was recently found guilty of sexually assaulting a 17-year-old in an incident that happened in 2023 near a park in Fort Myers. A homeless woman who was in the park at the time called 911 after she saw the man drag the victim into the woods.

The Fort Myers Police Department arrived and saw the man flee the scene on a bicycle. Officers chased after him on foot as he rode the bike on a path along the lake. They were able to arrest him and take him into custody. Police also searched the man and found cocaine in his possession.

The Fort Myers Police Department took the victim to a hospital, where medical staff conducted a sexual assault kit. The man’s DNA was found on the teen.

The man was convicted of multiple criminal charges, including unlawful sexual activity, possession of cocaine, and resisting an officer. His sentencing was set for December 19.

Sexual Assault in Florida

Sexual assault is taken seriously and punished harshly in Florida. Florida uses the term “sexual battery” instead of “rape.” Examples include child molestation and threatening rape. It could also refer to fondling a person’s genital area, groin, inner thighs, buttocks, or breasts. It includes oral, anal, or vaginal penetration or union with another person’s sexual organ or object without consent.

Consent is defined as knowing and voluntary agreement. It cannot be given by someone who is mentally incapacitated, physically helpless, or under the age of 18. “Physically helpless” means unconscious or asleep. Anyone of any gender can be a victim of sexual assault.

The penalties for sexual assault in Florida depend on the circumstances:

• Second-degree felony. This applies to most cases of sexual battery and can result in up to 15 years in prison and a fine of up to $10,000.
• First-degree felony. This applies to cases involving aggravated factors, such as using a weapon, and can result in life imprisonment.
• Capital or life felony. This applies when the victim is under 12 years old, or when the assault causes serious physical harm.

The penalties are severe, so enlist the help of a skilled criminal defense lawyer who can provide you with a solid defense.

 Contact Us Today 

Assault can be a serious crime, especially when it involves sexual activity that is not consensual.

Need help with your case? Contact a Fort Myers assault attorney from Hollander & Hanuka today. Our experienced criminal defense attorneys understand the intricacies of Florida’s assault laws and are committed to securing the best possible outcome for our clients. Contact our office today for representation. Schedule a consultation today by calling (239) 332-3300.

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