Sarasota Sex Crime Defense Lawyers
Of all the crimes it is possible to be charged within the United States, no other crime carries with it the capability to make you a social pariah the way being charged with a sex crime can. It doesn’t matter if the charge you are facing is sexual assault, rape, prostitution, or indecent liberties with a minor; we understand that all sex crime cases are volatile and emotionally draining. We also understand that these cases are usually very complex and that there are always two sides to every story.
The legal team here at Musca Law has Sarasota defense attorneys who have years of experience when it comes to handling sex crimes. Our attorneys recognize the sensitive and potentially damaging nature of these kinds of accusations in today’s society, as well as the harshness of the sentence you most certainly will face if you end up being convicted.
Our experienced and skilled attorneys have the knowledge, the ability, and the discretion that are needed in order to construct an effective defense against the sex crime charges that you are facing. Our trained and qualified defense attorneys will hear your side of the story and let you know what you can prepare for as your case progresses.
Our sex crimes defense attorneys will avail themselves of every means at their disposal in order to dispute the allegations and supposed evidence that the plaintiff has against you. We will make every effort to mediate with the plaintiff to get the charges dropped or, failing that, to get them reduced. In the end, if we have to stand trial, then we are fully prepared to do fight for you while we do so.
We urge you to get in contact with our respected Sarasota criminal defense attorneys as soon as possible so that we can go over your case in a free consultation.
Potential Defenses Against Sex Crime Charges
No matter what type of sex crime charges you are currently facing, the state of Florida is required to establish proof of each component of the supposed crime of which you are being accused, if they wish to be able to secure a conviction. At Musca Law, we will fully examine and dispute the case that the state feels they have against you. This includes the statement of the alleged victim and any other statements from any witnesses there might have been.
Criminal defense is commonly founded on factors such as:
- False witness testimony
- Flawed forensic testing techniques and results
- Police, prosecution, or witness prejudice
- Mistaken identity or a faulty police line-up
- Improper misleading witness interviews
At the very heart of the majority of adult sex crime cases lies the question of consent. Our clients frequently admit to engaging in the sexual act but maintain their view that the act was consensual. Frequently, as they are questioned more and more, the story that is told to law enforcement and to attorneys by the supposed victim of this sexual act varies as the case moves closer to trial, and the possible outcome of the accusation this person is attempting to levy against you start to become very real.
Sex-related criminal acts that are perpetrated against minors are regarded as being sanctioned “strict liability” crimes. In all of these types of cases, consent is entirely irrelevant because Florida state law considers an underaged child as being incapable of understanding, and therefore giving, their consent.
Ultimately, sex crime cases usually boil down to which person’s account of the events that took place is more convincing. In most cases, there is always an occasion to demonstrate to the prosecutor that justice would be better served by creating a lesser charge and/or reducing the proposed sentence. If it is determined that the state’s argument does not support the accusations against you, then the charges against you will quite possibly be dropped or defeated at trial.
If it becomes necessary in a sex crimes case, our attorneys will consider whether or not agreeing to a plea bargain might actually be the best thing for your situation. We would, of course, make absolutely certain that you are wholly informed about the outcomes of any agreement that you might make.
Our attorneys will seek the outcome that is the most beneficial to you, no matter what the circumstances of your case happen to be. We will also see to it that you understand everything that we are doing and everything that is happening every step of the way as we move forward with your case.
Common Sex Crime Charges
By legal definition, a criminal sexual act includes forced, or otherwise non-consensual, physical touching of another person, generally including penetration, however little, or other forms of sexual contact; for instance, the touching of another person’s private areas. Additionally, it is also considered criminal behavior to become involved in a sexual act with another person who is not capable of offering their consent, like a child, a person lacking the mental capacity to understand what is happening, or someone without the physical capacity to say no or to resist; this includes someone who has had too much to drink.
There is a varied and extensive list of sex crimes that can be found on the books here in Florida. Our criminal defense legal team has an extensive background in defending our clients against a wide assortment of charges that include, but are not limited too:
- Rape/Date rape;
- Statutory rape;
- Child pornography./Child exploitation;
- Indecent liberties with a minor;
- Solicitation of a minor;
- Solicitation for Prostitution;
- Prostitution; and/or
- Sexual assault.
Sex crime cases are uniquely challenging to try because, in the majority of the cases, the supposed victim and the so-called offender are usually the only two who know for absolute certain what really happened during the incident being called into question. On top of that, there is always the sort of person who will use this type of finger-pointing and these accusations as weapons. These allegations, even when they are 100% unfounded, can easily be used to obtain an advantage in a case for the custody of a child, and are sometimes even used as revenge for a simple case of hurt feelings. Once these assertions have been made, however, it can sometimes be nearly impossible for the falsely accused to ever fully recover their good reputation.
Unless the state of Florida can prove every aspect of the charges against you, you still retain the right of “innocent until proven guilty,” no matter what the charges against you might be. Our legal team here at Musca Law is able to completely analyze any evidence against you and to dispute the charges that you are currently facing. If the court happens to have a particularly strong case against you, we will work tirelessly in order to either stop a conviction for a sex crime or, if it becomes necessary, contend for the minimum sentence to an offense that does not require you to register as a sex offender
It is perfectly reasonable for you to be anxious, or even completely terrified if you or someone you love has been arrested and charged with any kind of sex crime. There will be ample possibilities and strategies, however, for challenging the case brought against you. Make sure that you get in contact with our Sarasota sex crime defense attorneys today so that we may review your case and discuss your legal options in a free consultation.
Sexual Battery and Rape in Florida
Under Florida state law, the criminal offense of sexual battery, more commonly referred to as rape, has taken place when one person has forcible, non-consensual vaginal, oral, or anal contact with another person, including the use of foreign objects. Outside of the standard definition of sexual battery, there are several variations of sexual battery that are also against the law in Florida. Some of these variations include the following:
Aggravated Sexual Battery
A sexual battery as described above, but under one or more of these circumstances:
- The victim is physically incapable of resisting
- The victim is threatened into submission by intimidation, violence, or force that is liable to cause severe personal injury and the victim honestly believes the offender’s capacity to carry out the threat
- The victim is pressured into submission by threats of retaliation against the victim or another person, and the victim honestly believes that the offender has the capability to perform the threatening behavior at some point in the future
- Without their knowledge or their consent, the victim is drugged so that they are physically and/or mentally incapacitated
- The victim was abused because they were known to have a mental defect;
- The victim is physically incapacitated of their own doing, such as having too much to drink
- The offender is a corrections officer, correctional probation officer, law enforcement officer, or any other person who may be in a position of authority and/or control, or someone whom the victim reasonably believed was in a position of control or authority as an agent or as a government employee.
Sexual Battery on a Child Under 12
Sexual battery on a child under 12 has occurred when, no matter whether or not consent was given, a person who is over the age of 12 has anal, vaginal, or oral contact in any way with a child who is younger than 12 years of age.
Sexual Battery With a Deadly Weapon
Sexual battery with a deadly weapon has taken place when someone has non-consensual oral, vaginal, or anal contact with someone else as the consequence of the threatened or actual use of a deadly weapon.
Sexual Battery Likely to Cause Serious Personal Injury
Sexual battery is likely to cause serious personal injury is defined as a person having non-consensual anal, oral, or vaginal contact with another person as the effect of their use of any type of physical force that can reasonably be expected to result in a severe personal injury.
Punishment for Sex Crimes in Florida
Florida state law approaches any sexual violence perpetrated by one person upon another in a multitude of different ways. When you come in for your free initial consultation, our attorneys will be able to explain the exact nature of the charges that have been brought against you, what they could possibly suggest for your future, and in what way we might be prepared to defend you once we have the opportunity to further examine the details of your specific case.
The penalties for sexual battery/rape are generally considered alongside other factors, such as the age of the offender, the age of the victim, and whether or not any aggravating circumstances were present. It is also important to note that, in keeping with Florida laws, every single person who is convicted of sexual battery is required to be labeled as either a sexual predator or a sexual offender and will, therefore, be obligated to comply with all of the state’s sexual predator and sexual offender registration laws for the rest of their lives. In addition to all of this, the Adam Walsh Act mandates that any person who is convicted of sexual battery is ineligible to request their removal from state and/or federal sexual offender registration lists at any point in time because the nature of the offense was non-consensual sexual interaction.
Unfortunately, this means that if a young teenager, for instance, is found guilty of the crime of sexual battery, accusations of date rape, or rape under dubious or questionable circumstances,, they will be a labeled and registered sex offender for the rest of their life.
If you or someone that you love has been arrested and charged with rape, sexual assault, or any other type of sexual crime in Sarasota, Florida, the steps that you decide to take to defend yourself can decide your entire future. You should fight sex crime charges of any type with the aid and support of a skilled and experienced criminal defense attorney one who will defend your rights and stay in your corner from start to finish.
The legal team here at Musca Law is able to accommodate you with a loyal team of defense attorneys and strategic defense to counter any sex crime charges that you may currently be facing. Contact us today for a realistic evaluation of your case in a free, no-obligation, no judgment initial consultation.