Accusations by adults or minors
If you are being investigated or accused of a sex crime it is important to retain an attorney as soon as possible. Once you have been charged with a sex crime, such as Sexual Battery, Lewd or Lascivious Batter, or Molestation, it can have very serious and long lasting consequences. If convicted, you can face significant jail time and will be labeled a sex offender. This can result in you being placed on the sex offender’s website and can affect where you are able to live, work, travel and even who you are able to be alone with.
The allegations alone can be devastating, but fortunately there are defenses. It is important that you are represented by an experienced and knowledgeable lawyer that will take a proactive approach to your case. These cases can be particularly complicated when there is physical evidence involved. So it is imperative that you are represented by a lawyer with a strong understanding of the way physical evidence is gathered in sex crime cases. Learn more below, or contact The Ford Law Office to find out more about your defenses.
Florida Statute 780.011
To prove the crime of Sexual Battery, the State must prove the following four elements beyond a reasonable doubt:
1. a. You committed an act upon or with a victim in which your sexual organ penetrated or had union with the anus, vagina, or mouth of the victim or your's.
b. You committed an act upon, or with the victim in which the anus, or vagina of victim was penetrated by an object. The definition of “an object” includes a finger.
2. Your act was committed without the consent of the victim.
3. a. At the time of the offense, the victim was 12 years of age or older, but younger than 18 years of age.
b. At the time of the offense, the victim was 18 years of age or older.
4. a. At the time of the offense, you were 18 years of age or older.
b. At the time of the offense, you were younger than 18 years of age.
This charge is a 2nd degree felony.
“Consent” means intelligent, knowing, and voluntary consent and does not include coerced submission. Consent does not mean the failure by the alleged victim to offer physical resistance to the offender.
Evidence of victim’s mental incapacity or defect, if any, may be considered in determining whether there was an intelligent, knowing, and voluntary consent.
“Mentally incapacitated” means that a person is rendered temporarily incapable of appraising or controlling his or her conduct due to the influence of a narcotic, anesthetic, or intoxicating substance administered to that person without his or her consent, or due to any other act committed upon that person without his or her consent.
“Mentally defective” means that a person suffers from a mental disease or defect that renders that person temporarily or permanently incapable of appraising the nature of his or her conduct.
“An object” includes a finger.
“Union” means contact.
Ignorance of a victim’s age, victim’s misrepresentation of his or her age, or a defendant’s bona fide belief of victim’s age is not a defense to the crime charged.
Victim’s lack of chastity is not a defense to the crime charged.
LEWD OR LASCIVIOUS BATTERY
Florida Statute 800.04(4)(a)
To prove the crime of Lewd or Lascivious Battery, the State must prove the following:
1. You engaging in sexual activity with a person 12 years of age or older but less than 16 years of age;
2. You encouraging, forcing, or enticing any person less than 16 years of age to engage in sadomasochistic abuse, sexual bestiality, prostitution, or any other act involving sexual activity.
This charge is a 2nd degree felony.
LEWD OR LASCIVIOUS MOLESTATION
Florida Statute 800.04(5)(a)
To prove the crime of Lewd or Lascivious Molestation, the State must prove the following:
You intentionally touched in a lewd or lascivious manner the breasts, genitals, genital area, or buttocks, or the clothing covering them, of a person less than 16 years of age, or forces or entices a person under 16 years of age to so touch your.
If person 12 years of age or older but less than 16 years of age, then this charge is a 2nd degree felony.
If the victim less than 12 years of age it is a life felony.