Melbourne Sex Crime Defense LawyersAlthough all criminal offenses involving sexual activity are deemed “sex crimes,” they are not all considered to be of equal severity. For instance, solicitation of a sex worker is a misdemeanor offense, as is voyeurism, while child pornography-related offenses and sexual assault are charged as felonies. This is an important distinction, not only because felonies come with lengthier prison sentences and higher fines, but because those convicted of felonies are required to register as sex offenders. This can have important repercussions, so if you are being investigated for involvement in a sex offense, you should consider speaking with an experienced Melbourne sex crime defense attorney who may be able to get your charges reduced or even dismissed.
Melbourne Sexual Battery LawyerIn Florida, rape and sexual assault both fall under Fla. Stat. 794.011, which prohibits non-consensual vagina, oral, or anal penetration. This is one of the most serious sex offenses in Florida, so penalties are correspondingly severe and include the possibility of a lifetime prison sentence. However, the actual penalties faced by a defendant depend in large part on the circumstances of a particular case, which includes an analysis of:
- Whether the victim was physically unable to resist;
- Whether the defendant allegedly threatened to use force or violence during the commission of the offense;
- Whether the defendant administered, or knew that someone else had administered, a narcotic, anesthetic, or other intoxicating substance to the victim who was mentally or physically incapacitated as a result;
- Whether the victim had a mental defect;
- Whether the victim was physically incapacitated; and
- Whether the offender was a law enforcement, correctional, or probation officer.
Melbourne Date Rape AttorneyDate rape is not specifically defined in Florida. However, it does fall firmly under the category of sexual battery, as it involves mental incapacitation, which is defined as occurring when a person is temporarily incapable of assessing or controlling his or her own conduct as a result of:
- The ingestion of a narcotic, anesthetic, or intoxicating substance that was administered to a person without his or her consent; or
- Any other act committed upon the victim without his or her consent.
Those who are convicted of aggravated sexual battery could end up being sentenced to anywhere from three years to life in prison, so speaking to a Melbourne sexual battery attorney about raising a strong defense is extremely important. The two main statutory defenses that defendants can raise in these cases are that the alleged victim consented to the sexual activity or that he or she made false allegations. The former requires proof that the other party voluntarily and knowingly consented to the sexual activity. Generally, a failure to physically resist is not considered consent. False allegations due to jealousy, mental illness, and manipulation by a third party can also support a dismissal of aggravated sexual battery charges.