The Defense Group

THE DEFENSE GROUP

CENTRAL FLORIDA'S
CRIMINAL DEFENSE ATTORNEYS

FREE CRIMINAL DEFENSE CONSULTING

 

(407) 831-1956
(352) 742-9090


SEXUALLY MOTIVATED CRIMES

Sexually Motivated CrimesThere are three types of crimes that should always be aggressively fought. They are crimes for which the public perception is not that you may be a good person who had a bad day and committed some foolish offense. They are crimes where you are forever judged by the nature of the crime, A theft charge was not a mistake. You are a thief and a dishonest person, and it’s who you are to your core. A drug charge may brand you as a drug addict or dealer. It’s not something you did but rather who you are. Of the three categories of crimes under this heading none is more damaging than sexually motivated crimes. Every allegation of sexual misconduct is serious. Law enforcement officers often rush to make an arrest without doing a complete investigation, even in cases in which no physical evidence supports the allegations. Although consent is often the central issue in the case, Florida law provides several different ways for the prosecutor to show a lack of consent. If you are ever confronted or accused of a sexual crime, immediately invoke your right to remain silent and request to contact an attorney at The Defense Group before you say anything to anybody. We cannot overemphasize the importance of this. Not even the most innocent sounding question should be answered. Not eve to deny what you are dying to deny. Just SHUT UP and demand your right to confer with an experienced attorney before answering ANY questions.

The attorney that you hire should know how to attack physical evidence gathered in these types of cases. The attorney must be able to identify and understand the junk science used by prosecutors in sex assault cases. Experienced lawyers know how to attack any testimony about rape trauma syndrome. Sexually motivated crimes include a number of computer and internet based offenses. Your attorney must be prepared to depose the State ‘s forensic experts in preparation of your defense.

The attorneys at The Defense Group are selective about the sex cases we take. We have our own internal criteria. Whether we take you case or not, everything you tell us is absolutely privileged and will never be repeated to anyone else without your consent. Although polygraph results are never permitted I the courtroom, we may ask you as a condition of us accepting your case to submit to a polygraph. If we cannot take your case, we will be happy to recommend another attorney for you. If we agree to take on a case, then we will help you fight the case aggressively for the best result at every stage of the case.


Attorneys to Defense Sexually Motivated Crimes in Central Florida
The attorneys at The Defense Group offer a free consultation so that you can discuss the criminal accusation. This consultation is totally confidential whether we take your case or not. Seeking a consultation with an attorney as soon as possible remains the best way to protect yourself against a false accusation. Our attorneys have handled hundreds of sex cases over the years, and are prepared to bring that training and experience to the table for your benefit.

The potential criminal penalties that accompany a sexually motivated crime are serious. The indirect consequences that come with the accusation can last a lifetime. We will fight to protect your good name. Your selection of an attorney is the most important decisions you will make after an allegation of a sexually motivated crime.

Immediately after an accusation of a sexually motivated crime, you should contact an experienced criminal defense attorney with The Defense Group. We can help!!
Call 407-831-1956  or 352-742-9090.


Types of Sex Crimes Under Florida Law
There are many separate Sexually motivated crimes in the Florida Statutes. They include”:
Soliciting for Prostitution under Florida Statute Section 796.07 - common among sex crimes are misdemeanor charges for soliciting a person for prostitution or any lewd act. Other common crimes include offering to engage in prostitution or maintaining a place of prostitution.
Solicitation charges focus on the sex worker (often called "the prostitute"), the person paying for sex (often called "the john"), and the person who facilitates the interaction (often called "the pimp").
Voyeurism under Florida Statute Section 810.14 - charges for voyeurism can include using a video camera, dissemination of videos, and using commercial video to secretly observe or record the victim with a lewd or indecent intent. Further distribution of these images is not required for the State to prosecute these charges.

  • Video Voyeurism § 810.145(2)(a) or (b) or (c).
  • Video Voyeurism Dissemination;
  • Commercial Video Voyeurism.

Sexual Battery Crimes in Florida - Sexual battery charges (often called "rape" or "sexual assault") provides for different penalties and punishments depending on the age of the defendant and victim at the time of the incident

  • Sexual Battery — Victim Less Than 12 Years of Age § 794.011(2), Fla. Stat. When an adult is convicted of this offense the only lawful punishment is life imprisonment.
  • Sexual Battery — Victim 12 Years of Age or Older — Great Force § 794.011(3).
  • Sexual Battery — Victim 12 Years of Age or Older — Specified Circumstances § 794.011(4).
  • Sexual Battery — Person 12 Years of Age or Older § 794.011(5).
  • Solicitation of Child - Under 18 Years of Age to Engage in an Act That Constitutes Sexual Battery by Person in Familial or Custodial Authority § 794.011(8)(a).
  • Sexual Battery upon Child 12 Years of Age or Older But under 18 Years of Age by Person in Familial or Custodial Authority § 794.011(8)(b).
  • Unlawful Sexual Activity with Certain Minors § 794.05.

Indecent Exposure and Lascivious Acts - charges of being a "flasher" or acting in a lascivious manner come with serious penalties and punishments.

      • Committing Unnatural and Lascivious Act § 800.02, Fla.Stat.
      • Exposure of Sexual Organs (In a Vulgar or Indecent Manner) § 800.03.

Lewd and Lascivious Acts - The penalties and punishments for lewd and lascivious acts depend on the acts committed and the age of the victim.

  • Lewd, Lascivious, Indecent Assault or Act Upon or in the Presence of Child;
  • Sexual Battery § 800.04, Fla.Stat.
  • Lewd or Lascivious Battery (Engaging in Sexual Activity) § 800.04(4)(a).
  • Lewd or Lascivious Battery (Encouraging, Forcing or Enticing) § 800.04(4)(b).
  • Lewd or Lascivious Molestation § 800.04(5).
  • Lewd or Lascivious Conduct § 800.04(6).
  • Lewd or Lascivious Exhibition Presence of Child § 800.04(7)(a).
  • Lewd or Lascivious Exhibition Over Computer Service § 847.0135(5).
  • Lewd or Lascivious Offenses Committed Upon or in the Presence of an Elderly or Disabled Person § 798.02.

Failure to Register as a Sexual Offender - once convicted of a qualifying sexually motivated crime under Florida law, the offender must register as a sexual offender. These statutes are very specific and require the registrant to register with the Sheriff of the County in which he or she resides as well as with the DMV if the offender had a driver’s license. Any violation in complying with the sex offender registration rules will result in separate felony criminal charges. The different types of charges for failure to register as a sexual offender include:

  • Failure to Comply with Registration of a Residence, Motor Vehicle, Trailer, Mobile Home, Manufactured Home, Vessel, or Houseboat;
  • Failure to Comply with Registration of Employment or Enrollment at an Institution of Higher Learning;
  • Failure to Report to Department of Highway Safety and Motor Vehicles;
  • Failure to Report Change of Name or Address within the State or Jurisdiction;
  • Failure to Report Change of Residence to Another State or Jurisdiction;
  • Failure to Report Intent to Remain within the State or Jurisdiction;
  • Failure to Report Twice A Year/Failure to Report Quarterly;
  • Failure to Register as a Sexual Predator (Initially Register In Custody, Control or Under the Supervision of the Department of Corrections);
  • Initially Register – Not in Custody, Control Or Under Supervision of the Department of Corrections or a Private Correctional Facility;
  • Failure to Comply with Registration Requirements;
  • Failure to Comply with Registration of a Residence, Motor Vehicle, Trailer, Mobile Home or Manufactured Home;
  • Failure to Comply with Registration of Enrollment or Employment in Institutions of Higher Education;
  • Failure to Report to Department of Highway Safety and Motor Vehicles;
  • Failure to Provide Other Necessary Information Requested by Department of Law Enforcement;
  • Failure to Report Change of Name or Address within the State or Jurisdiction;
  • Failure to Respond to Address Verification;
  • Failure to Report Intent to Move to Another State or Jurisdiction;
  • Failure to Report Intent to Remain within The State or Jurisdiction; or
  • Failure to Register Quarterly.

Definitions in Sex Crime Cases
Many statutes include sections of definitions. Words may not mean what they do in everyday conversant. It is critically important for your attorney to know what certain terms mean when you are charged with a sexually motivated offense. For example:
Sexual Predator - a "sexual predator" or "dangerous sexual predator" designation under Florida Law comes with special reporting requirements and a variety of restrictions.

  • Sexual Predator Definitions
  • Dangerous Sexual Felony Offender § 794.0115, Fla. Stat.

Soliciting Child for Sexual Conduct Using Computer or Device - in these cases, officers use elaborate undercover sting operations by posing as a child online. Many of these cases start with ads on Craigslist or discussions in chat rooms. Charges can include:

  • Soliciting a Child For Unlawful Sexual Conduct Using Computer Services or Devices § 847.0135(3)(a), Fla.Stat.
  • Soliciting a Parent, Legal Guardian, or Custodian of a Child For Unlawful Sexual Conduct Using Computer Services or Devices § 847.0135(3)(b), Fla.Stat.

Child Pornography - Many child pornography cases involve hundreds or even thousands of images downloaded onto a computer (including tablets, pads, laptops or even smart phones). The penalties can result in lengthy prison sentences even for individuals with no prior criminal record. Each image will be treated as a separate felony offense. So, 100 images of child porn on a phone can result in a sentence of 500 years in prison if the court wanted to make the 5-year terms for each image run consecutively.

Traveling to Meet a Minor Child - this charge also frequently involves an undercover sting operation that begins with detective's posing as a minor or a parent on the internet, who is willing to arrange a meeting for some illegal purpose.

    • Traveling to Meet a Minor § 847.0135(4)(a), Fla.Stat.
    • Traveling to Meet a Minor Facilitated by Parent, Legal Guardian, or Custodian § 847.0135(4)(b)

The Prosecution of Sex Crimes in Florida
Virtually every county in Central Florida has special sex crimes prosecutors assigned to these cases. These prosecutors tend to be the most strident, difficult prosecutors to deal with. They often are besieged by victim and victims’ families who want “justice” for the offense. Sex offenses are different from other serious felonies in Florida. Prosecutors face unique difficulties in the prosecution and conviction of sexual offenses. Many of these cases involve victims who are child witnesses and not always the most reliable witnesses. If the case lacks substantial corroborative evidence, the child must testify in court. Children do not always possess the intellectual and emotional skills needed to explain what happened truthfully. Often the guardians of small children do not want them to have to go through the psychological trauma of testifying in a court proceeding. These child victim cases are more difficult for the prosecutor because approximately 85% of the victims knew the offender. In many cases, the child is influenced by other people in their life, especially when child custody or support issues are also at issue. We have had cases where children resent a step parent and make a false accusation to get that new “parent” out of the way. These are always difficult and sometimes complex cases that require experienced counsel.

False allegations are not uncommon in these cases. Because the penalties are so harsh, prosecutors will often try to leverage the potential sentence against an “offer” that a defendant may take to avoid the risk of life imprison. The person accused, often scared about an injustice at trial, might consider that plea bargain even if they believe they are innocent of the charges. In many of these cases, a person is fighting to avoid being required to register as a sex offender. These are difficult decisions and an accused needs the benefit of the best advise possible from the most experienced attorney available. Call us! We can help!!


Additional Resources


Finding a Criminal Defense Attorney for Sexual Motivated Crimes
There is no time for delay. If you have been accused of any sexually motivated crime (often called "sex crimes") under Florida law, then contact an experienced criminal defense attorney as soon as possible.  The attorneys at The Defense Group are experienced in handling these cases and have done so for many years. Our attorneys represent clients throughout Central Florida.

The attorneys at The Defense Group are selective in taking cases that involve an allegation of a sexually motivated crime. But if we take the case, then we help our client fight for the absolute best possible result. If we decline your case, our consultations and discussions are forever privileged and confidential and we may offer you a referral to other counsel.

Call us! We can help!!
Call 407-831-1956- or- 352-742-9090

 


 
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