attempted capitol (capital) sexual battery

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West Coast

Senior Member

Could somebody help me understand what "attempted" really means here?

Context: We're in Florida. A sex offender talks about the crime he committed:

I was convicted of attempted capitol sexual battery.
And I spent a total of twelve years incarcerated.

I don't understand how one could get sentenced with 12 years in prison for ATTEMPTING to do something?
Or does it mean that there was indeed a sexual battery, and that it could have ended more "seriously" for the victim, hence the "attempted" here?

Hope someone can clarify this, so that I'm able to translate this correctly.

BR West Coast
  • se16teddy

    Senior Member
    English - England
    "Attempt", "conspiracy" and "incitement" are the "incohate" crimes in English law; it looks like the law of Florida has been inspired by this.

    To convict someone of an "incohate" crime, the prosecution do not have to prove that the full crime was committed (in this case capital? sexual battery). They only have to prove that the culprit
    - made a good effort to commit the full crime (attempt)
    - agreed with someone else to commit the full crime (conspiracy)
    - tried to get someone else to commit the full crime (incitement).
    Generally, the maximum penalty for the incohate offence is the same as for the full offence - after all, it may have been pure chance that the offence was not committed. Then often prosecutors will decide that it will be easier to prove the incohate offence, even if they think the culprit actually committed the full offence - for example, in sex crimes penetration might be an essential part of the offence, and might be difficult to prove.
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