Sex Crimes Under Florida Law
Sex Crimes Defense Lawyer in Orlando
Our Sex Crimes defense Attorney has a great deal of experience in handling cases for individuals accused of committing what are broadly described as “sex offenses.” These can range from adults inappropriately touching other adults in a sexual manner, to adults being accused of forcibly committing rape (known in Florida as “sexual battery”) on adults. They can also include offenses where individuals are accused of inappropriate touching or sexual battery on children. While penalties vary widely (with life in prison for capital sexual battery being the most serious), it is safe to say that if you or someone you know is charged with a sex offense that there is a good chance that the State of Florida is seeking to place you in prison for the offense.
Also, a person arrested for one of these offenses can suffer a great blow to their reputation even if the charges are not even filed or are eventually dropped. Highly experienced professional legal assistance is of the utmost importance in these cases – these cases can be devastating in many ways and not to be taken lightly.
Sex Offense Cases - Use Of Experts
It can be imperative in handling these cases that a number of experts be brought in to assist the accused. These can include using private investigators to look into the backgrounds of witnesses involved in the case. Obtaining a private psychosexual evaluation of the accused can also help to dispel the idea that the person has tendencies to force themselves on someone; they are especially helpful where the alleged victim is a child or minor, since there are some definite characteristics to “pedophiles” that can be recognized through testing. Other experts can be polygraph examiners, who can test an accused as to their veracity in answering questions about the accusations. Finally, experts in child questioning techniques can be used, as well as psychologists that specialize in family dynamics in divorce situations where parents are trying to alienate their ex-spouse through accusations of abuse. Our highly experience sex crime defense attorney in Orlando, FL, tries to assemble the right team for any particular case, and the earlier that team can be assembled in the process generally the better.
Sex Cases Involving Minors
Our Orlando Sex Charges Defense Lawyer knows that cases involving allegations that an adult has inappropriately touched a child may stem from ulterior motives on the part of the child’s parent. Nothing is more devastating than the allegation against an adult that they have touched a child improperly, and people that are trying to gain leverage in a domestic proceeding (whether a divorce or a separation, or even in a child support type proceeding) have been known to resort to coaching their young children into making false allegations.
Younger children are extremely susceptible to suggestion from authority figures in their lives, particularly from a parent, and while it may not be a strong case it is important to know that the State of Florida can proceed against a citizen only with testimonial evidence – in other words the State does not have to have physical evidence to bring an allegation of sexual abuse against an individual. Therefore it is extremely important in cases where it appears that the child bringing the allegation has been coached to get to the bottom of that situation, by either having an expert take a look at the videotaped interview of the alleged victim, or by rigorously deposing the parent of that child to look for possible nefarious motives. A sexual battery against a minor 12 years of age or younger requires, upon conviction, a sentence of life in prison with no possibility of parole.
Cases Involving Adults And Consensual Sex
Another common scenario under this category is where sexual contact between adults was originally perceived as consensual by the person later accused, and only after the fact does the alleged victim come forward to say that it was actually against their will. This can come down to a situation where one witness is the entire case because even if there is physical evidence common with consensual sex, it is not a factor if the accused says they did have sex with the alleged victim. These cases require careful analysis of all the facts present (was anyone present who may have had contact with either person immediately after the fact, were there any signs of force used, did any witness hear or see anything consistent with something non-consensual going on). Use of a polygraph in these types of cases have been successful in convincing prosecutors not to go forward.
Sex Offender Probation And Sex Offender Registration
Some of the consequences of the sex offenses, other than the obvious one of facing time in prison, are related to being placed on sex offender probation, and also being designated as a “sex offender” by the State of Florida. Sex offender probation can be ordered either on its own in a case or can be ordered to begin after a person is released from a prison sentence. It requires that the person wear an ankle monitor while on probation, and they will be severely restricted in their movement – essentially being allowed to go to work and other basic essentials. A sex offender probationer cannot live within 500 feet of:
- a school
- a playground
- a place where children regularly gather
They will be required to undergo sex offender counseling, which includes undergoing polygraph exams. They will not be able to be around minors, with exceptions being made for their own children in some cases. There are numerous other restrictions.
Being placed on a sex offender registration exposes a person to having to register with law enforcement wherever they reside, and will subject them again to restrictions as to where they can live.
Both sex offender probation and being placed on a sex offender registration can be very burdensome and difficult. Since these are natural consequences of sex offenses, along with the serious possibility of significant amounts of incarceration, it is extremely important to obtain experienced representation. Orlando sex crime defense attorney David P. Hill has handled many such cases over his 23 years of experience doing criminal defense work.
Contact our Central Florida Sex Offense Defense Lawyer
If you are charged with a sexual battery, whether against an adult or a minor, or are charged with a lewd or lascivious molestation, or any other sex offense, call our highly experienced criminal defense attorney for an appointment as soon as possible. Some of the most important steps need to be taken and in place early on in handling these types of cases. Often, if the prosecutor is presented with evidence early on that contradicts the alleged victim’s version of the facts, these cases can get dropped. It is especially important to contact an experienced criminal defense lawyer early, and one who has handled these types of cases specifically. They are difficult from the beginning, with huge consequences.
Our early interventation may be critical for the outcome of the case. Contact us immediately. We offer a free initial consultation and will keep your information confidential. Send us an email at email@example.com or call us today at (407) 648-0006. We have an emergency service available 24 hours a day. We value your privacy and will keep your information confidential.