Bowman v. State

Appellant was convicted of sexual battery on a mentally defective person over the age of twelve. We affirm, finding that there was sufficient evidence to go to the jury on mental defectiveness.

Our sexual battery statute makes it a second degree felony to commit sexual battery on a “mentally defective” person over the age of twelve without physical force or violence. § 794.011(4)(e), Fla. Stat. (1997). “Mentally defective” is defined as “a mental disease or defect which renders a person temporarily or permanently incapable of appraising the nature of his or her conduct.” § 794.011(l)(b), Fla.…