Anyone who is falsely accused of committing a sex crime in Florida is suffering one of the most outrageous injustices possible. All wrongful allegations put the accused in a terribly painful situation, but to be falsely accused of a sex crime inflicts immediate damage to a person’s reputation that might never be repaired.
Defense lawyers with extensive experience defending sex crimes are specially qualified to protect your rights and to expose the injustice of the false allegations. When selecting a criminal defense lawyer to represent you against false sex offense charges, you need to avoid those attorneys who are not fully committed to your defense.
Unfortunately, some lawyers resist taking any sex crime cases for their own personal reasons. And worse, some lawyers take the case but don’t really believe in the client. Make sure your lawyer is proactive and embracing the opportunity to defend you. As the victim of a bogus charge, your innocence should be the top priority.
What Sex Crimes Can Be Charged?
There is a wide range of crimes that can be included in the term “sex offense” under Florida law. And in each category of a sex crime, the particular circumstances involved can mean the difference between a misdemeanor or a first-degree felony carrying a possible sentence of decades in prison. And even without being sentenced to prison, those who are convicted of sex offenses can be required to register as sex offenders for the rest of their life.
Sex offenses in Florida include crimes as varied as forcible rape, sexual battery, child molestation, unlawful sexual activity with minors, indecent exposure, lewd and lascivious conduct, possession or transferring of child pornography, prostitution, video voyeurism, human trafficking, luring or enticing a child, failure to register as a sex offender, and specific acts within each of those categories.
Defending Against Sex Crime Charges
The prosecution must prove each one of the crimes referred to as sex offenses by proving “each element of the offense” beyond a reasonable doubt. When lawyers use the term “element of the crime,” we are referring to the specific pieces of each crime that must each be proven before someone can be convicted. And every single crime has its own set of elements.
If the prosecution fails to prove even one required element of a crime, then the law demands the defendant be acquitted. It’s your criminal defense lawyer’s role to persuade the judge or jury that the government’s evidence falls short.
An experienced sexual offense criminal defense lawyer will examine every fact in your case and determine what the most viable path will be to win an acquittal or dismissal of the charges.
Stop the Defendant from Giving Any Statements to Police
When innocent people are arrested, they often think that their arrest was a mistake that they can clear up simply by telling the police what the true facts are. But the police are not judges. They arrested the person because someone gave them enough information to constitute probable cause, whether the allegation is true or false.
When a case involves an accusation of rape or sexual battery, innocent defendants usually explain to the police that the sex occurred but that both parties freely consented. The problem is that the accused has just admitted that there was a sexual encounter, thereby relieving the prosecution of a major challenge, proving the event occurred.
A person in police custody should never make any statement or answer questions before they speak with a criminal defense lawyer. If you cannot afford one, just wait and one will be appointed free of charge to represent you. If you can afford to hire a defense attorney, contact the best, most qualified, state-certified criminal defense lawyer you can get.
The law prevents the prosecution from using any statement made by the defendant to the police during a custodial interrogation unless the defendant was read and understood their Miranda rights,
- right to remain silent
- notice that any statement will be used against them in court
- right to have an attorney present before any questioning
- right to have a free attorney if you cannot afford one
- an affirmative statement of understanding by the suspect
Under current American law, the suspect must actually say the words “I want a lawyer and I’m not answering questions.”
When two adults who are of legal age mutually consent to engage in sexual activity, there is no crime. But what if a young person had a couple of drinks first, and then they felt embarrassed to say no, even when their sex partner asked several times if they wanted to have sex? The next morning, the person who consented regrets their decision and reports that they were so pressured to have sex that they felt forced.
Qualified criminal defense lawyers with years of experience representing defendants in sex crime cases have developed expertise in examining the facts, investigating the circumstances, questioning witnesses, and seeking exculpatory evidence to shed strong doubts about the prosecutor’s case.
Only criminal defense lawyers with a track record of winning cases should be hired to work on your case.
Inconsistent Physical or Medical Evidence
During the preparation of your defense, the skilled criminal defense lawyer will be able to evaluate the quality of the evidence to detect facts inconsistent with the allegations. For example, records and samples of evidence collected during a medical examination following an alleged attack can add support or contradict the complainant’s police report. Likewise, physical evidence and photographs from the scene of the events can reveal unreported facts that were not disclosed by the complaining witness.
When a sex offense charge is filed against a stranger to the victim, the question of the offender’s identity is a central issue. Scientific studies have demonstrated that eyewitness identification evidence is among the least reliable and most inaccurate forms of testimony. In such circumstances, experienced defense counsel will explore alibi evidence and DNA evidence to exculpate the client who insists they were not the assailant.
Illegal Search and Seizure of Evidence
The U.S. Constitution and the Constitution of the State of Florida both guarantee a person’s protection from unreasonable search or seizure of their person or their property and personal effects. A search without a valid warrant supported by probable cause is presumed to be unreasonable unless it falls within limited exceptions. This too is a very fertile area for experienced criminal defense lawyers to thoroughly explore with their falsely accused clients.
Read More > False Allegations of Sex Crimes in Florida
Defending Florida Sex Crimes
If you have been falsely accused of a sexual offense in the state of Florida, don’t hesitate to call our experienced criminal defense attorneys at Stechschulte Nell at 813-280-1244. We are on your side.