Sexual Assault Attorney in Sarasota

Former 12th Judicial Circuit Prosecutor Now Defending the Accused

A sexual assault charge in Florida is among the most serious allegations a person can face. Before any conviction, an accusation alone can disrupt employment, housing, and relationships. Acting quickly matters. At Fowler Law Group, our defense team is led by James Fowler Jr., a former State Prosecutor for the 12th Judicial Circuit. It is the same circuit that prosecutes sexual assault cases in Sarasota County. That background gives us direct knowledge of how local prosecutors build these cases, what evidence they prioritize, and where their arguments are vulnerable.

Founded in 2013 by James and Alene Fowler, our firm draws on over 30 years of collective experience in the Florida criminal justice system. We represent adults and juveniles facing sexual assault and related sex crime allegations in Sarasota, Bradenton, Manatee County, and Venice. Initial consultations are confidential and provided at no cost.

Sexual Battery Under Florida Law: Charges, Classifications, & Consequences

Florida doesn’t use the terms “rape” or “sexual assault” in its criminal statutes. What most people call sexual assault is charged as sexual battery under Section 794.011 of the Florida Statutes. The statute defines sexual battery as oral, anal, or female genital penetration by, or union with, the sexual organ of another, or the anal or female genital penetration of another by any other object. Understanding this terminology is important when reviewing any formal charge.

Charge Classifications

Charge severity follows a four-tier structure tied to the circumstances of the alleged offense:

• Capital Felony: Applies when the offender is 18 or older and the victim is under 12.
• Life Felony: Applies when the offender is under 18 and the victim is under 12, or when aggravating circumstances are present, including use of a deadly weapon, force likely to cause serious injury, victim incapacitation, drugging of the victim, or the offender acting in a position of authority such as a law enforcement officer.
• First-Degree Felony: Depending on the specific circumstances, carries a sentence of up to life in prison. Certain first-degree sexual battery offenses carry a maximum of 30 years.
• Second-Degree Felony: Carries up to 15 years in prison, up to 15 years of sex offender probation, and fines up to $10,000, with a minimum mandatory sentence of 7.75 years.

Consent, Statute of Limitations, & Registration

Florida law defines consent as intelligent, knowing, and voluntary agreement. Coerced submission doesn’t constitute consent, and failure to physically resist doesn’t mean consent was given. Two additional provisions are worth understanding: mistake of age isn’t a defense under Florida law regardless of how reasonable the defendant’s belief was, and under Donna’s Law, effective July 1, 2020, there is no statute of limitations for sexual battery offenses committed against victims under 18 on or after that date.

Conviction for sexual battery results in mandatory sex offender registration. The registry is publicly accessible and imposes residency restrictions, employment limitations, and regular reporting obligations to the sheriff’s office. These consequences extend well beyond the prison sentence, which is why a strong defense at every stage matters.

How We Defend Sexual Assault Charges in Sarasota

Because James Fowler Jr. prosecuted cases in the 12th Judicial Circuit, he understands how Sarasota County prosecutors structure sexual assault cases, the types of evidence they rely on, and the arguments they tend to make. Our defense strategy is built on that institutional knowledge, not on general adversarial experience.

Case Review & Investigation

We review every aspect of a case before developing a defense approach: witness statements, forensic reports, law enforcement records, and the full circumstances of the investigation and arrest. Our team also includes professionals with investigative backgrounds, giving us additional capacity to assess physical evidence and interview witnesses independently.

Available Defense Avenues

Depending on the facts, available defense avenues may include:

• Consent: Where legally applicable, consent is a recognized defense in cases involving adult complainants. It isn’t available when the alleged victim is under 12 or when the defendant held familial authority over a minor victim under 18.
• False Allegations: Accusations aren’t always accurate. We examine the credibility of allegations and the circumstances that may have given rise to them.
• Mistaken Identity: Eyewitness identification is a recognized source of error in criminal cases. Challenging the reliability of identification evidence is a standard defense avenue.
• Lack of Evidence: The prosecution must prove every element of the charge beyond a reasonable doubt. We examine whether the available evidence actually supports each required element.
• Constitutional Violations: Evidence obtained through unlawful searches, improper interrogation, or other constitutional violations may be challenged for admissibility.

Pre-Charge Intervention & Full Representation

Pre-charge intervention is worth considering when someone is under investigation but hasn’t yet been formally charged. Retaining counsel at that stage allows us to present information directly to the State Attorney’s Office before charges are filed, which can affect how the case proceeds. The earlier we’re involved, the more options may be available.

We represent clients at every stage: pre-charge investigation, arraignment, bond hearings, pretrial conferences, negotiations, and trial. We also assist with probation violations and the sealing or expungement of criminal records following case resolution. Alene Sartori Fowler is fluent in English, Portuguese, and Spanish, allowing us to serve clients who aren’t fluent in English. Throughout the process, we maintain consistent communication so you know where your case stands.

Why Sarasota Clients Choose Fowler Law Group for Sexual Assault Defense

James Fowler Jr. is a fourth-generation Sarasota County native. His connection to this community reflects a lifelong familiarity with the local courts, legal culture, and the professionals who work within them. That established reputation among judges, prosecutors, and law enforcement in Sarasota and Manatee Counties can carry weight during negotiations and hearings in the 12th Judicial Circuit.

Our firm has been recognized at both local and national levels. James Fowler Jr. and Andrew Pouget both received Elite Top Criminal Defense Attorney recognition from SRQ Magazine in February 2026. Fowler Law Group received the Lawyer International Legal 100 2026 award for Outstanding Contribution to the Legal Profession, and James Fowler Jr. was selected to the 2026 Top 50 Lawyers in America list. Our attorneys are active members of the National Association of Criminal Defense Lawyers.

The team itself brings a broader set of perspectives. Professionals with backgrounds as investigators and nonprofit leaders contribute additional insight into how evidence is gathered and how case dynamics play out outside the courtroom, supporting more thorough preparation at every phase.

The Defense Process at Fowler Law Group

Every case begins with a confidential, no-cost consultation. We use that meeting to understand the facts, answer your questions, and give you an honest assessment of your situation. From there, the process follows a structured approach:

• Evidence Collection and Review: We gather witness statements, forensic reports, and law enforcement records and assess them critically.
• Defense Strategy Development: Drawing on James Fowler Jr.’s knowledge of how the 12th Judicial Circuit operates, we build a strategy responsive to the specific facts of your case and local court practices.
• Representation at Every Stage: From first appearance and bond hearings through arraignment, pretrial conferences, negotiations, and trial if necessary, we’re present and prepared at each step.
• Post-Resolution Matters: When appropriate, we assist clients with probation violations and with sealing or expunging their criminal records.

The Sarasota County criminal process for sex crime charges can differ meaningfully from other Florida venues. Local court practices in the 12th Judicial Circuit shape how cases move, how evidence is presented, and how negotiations unfold. Counsel who understands those dynamics from the inside can bring a practical advantage at every phase.

Frequently Asked Questions

What Should I Do If I’m Under Investigation but Haven’t Been Charged Yet?

Retaining a sexual assault defense lawyer in Sarasota during the investigation phase is strongly advisable. Statements made to law enforcement before you have counsel can be used against you. An attorney may be able to engage with investigators or the State Attorney’s Office before formal charges are filed, which can affect how the case develops. Don’t speak with law enforcement without legal representation present.

Can a Sexual Battery Conviction Be Appealed?

Under certain circumstances, yes. An appeal may raise legal errors that affected the outcome at trial, such as the improper admission of evidence or incorrect application of the law. Reviewing the full trial record is the first step in evaluating whether grounds for appeal exist. If you believe errors occurred during your trial, contact an attorney to assess the record.

How Does Sex Offender Registration Work in Florida After a Conviction?

Conviction for sexual battery triggers mandatory registration as a sex offender. Registrants must regularly update their address, employment information, and vehicle information with the sheriff’s office. The registry is publicly accessible, and registrants are subject to residency restrictions, including prohibitions on living near schools, parks, and other designated locations. These obligations are ongoing, and violations carry additional criminal penalties.

Does Florida Allow a Mistake-of-Age Defense?

No. Florida law doesn’t permit a mistake-of-age defense in sexual battery cases. Even if the defendant reasonably believed the alleged victim was of legal age, or the alleged victim misrepresented their age, that belief isn’t a recognized defense under Florida statutes. This makes getting the overall defense structure right from the start that much more important.

Schedule a Confidential Consultation with a Sarasota Sexual Assault Lawyer

If you or someone you know is facing a sexual assault charge in Sarasota or the surrounding area, the time to act is now. Early involvement of defense counsel can shape how a case develops, what evidence is available, and what options remain. Fowler Law Group represents clients throughout Sarasota County and Manatee County, and our initial consultations are provided at no cost.