A Hollywood man has been sentenced to life in prison for a sexual battery conviction on a child under the age of 12. The defendant and former friend of the victim's parents, 52-year old Kenneth O'Brian, stayed at the home of the victim for a period of time. In September 2008, the father of the victim allegedly walked in on a naked O'Brian in bed with his son.
The defendant denied all of the allegations and pled not guilty to the six counts of sexual battery on a child under the age of 12. The State had no DNA or forensic evidence, but did have the witness testimony of the victim's father who walked in on the act. The Court convicted O'Brian and sentenced him to life in prison.
Pursuant to Florida Statute 794.011, sexual battery on a victim under the age of 12 is considered oral, anal or vaginal penetration by another. This definition also includes the use of objects by an offender. The crime of sexual battery on a child 12 years of age or under is a very serious felony offense. If convicted, the defendant will receive a mandatory minimum sentence of life behind bars.
If you or a loved one has been charged with a Miami sex crime, contact Musca Law for aggressive legal representation. The attorneys at Musca Law have over 100 years of combined experience. We have the expertise and knowledge to handle the most complex sexual offense cases. Contact our firm for a free and thorough review of your case.
