Articles Posted in Sex crimes

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Under state and federal law, it is illegal to transport a minor child for the purpose of engaging in sexual activity. Traveling with a minor for other purposes may be permissible, however, depending on the circumstances. As such, the prosecution must establish that the defendant had an illicit motive to prove their guilt. In a recent ruling issued in a Florida case in which the defendant appealed his conviction for numerous sex crimes, including transporting a minor with the intent to engage in criminal sexual activity. If you are accused of a sex offense, it is smart to meet with a Sarasota sex crime defense attorney to assess your options for protecting your interest.

History of the Case

It is reported that the defendant was charged with multiple crimes, including transporting a minor with the intent to engage in criminal sexual activity. He was convicted as charged and appealed, arguing that there was insufficient evidence to support his conviction.

Establishing Guilt for Transporting a Minor with the Intent to Engage in Criminal Sexual Activity

On appeal, the defendant presented two arguments regarding the adequacy of the evidence against him. Firstly, he contends that the transportation did not primarily serve the purpose of engaging in sexual activity because the victim also intended to visit the United States for her brother’s honeymoon. Secondly, he argues that the victim’s trip from the Bahamas to Miami, which he financed, was an innocent return journey to the United States for her brother’s honeymoon.

 

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Under Florida law, certain acts that are sexual in nature constitute crimes. While many sex offenses require the state to establish a specific intent, others merely demand that the state show the defendant committed the acts that constitute the crime. Recently, a Florida court clarified that the crime of sexual battery is a general intent offense in a matter in which the defendant appealed his conviction. If you are accused of a sex crime, it is in your best interest to talk to a Sarasota sex crime defense attorney to discuss what evidence the state must offer to demonstrate your guilt.

The Facts of the Case

It is alleged that the defendant met a man at a bar, after which she agreed to go to his apartment. They then walked to a store where they encountered the defendant, who was the man’s roommate, the defendant’s brother, and another individual. Their accounts differed as to the nature of their interaction; the defendant stated the victim was flirtatious and repeatedly touched him while she denied speaking to or engaging in contact with him.

Reportedly, the victim returned to the man’s apartment and engaged in consensual intercourse with him, after which the defendant entered the bedroom and began engaging in intercourse with the victim. The victim testified that the defendant did not speak to her, and she did not know he was not the other man until after the act was complete. The defendant was subsequently charged with and convicted of sexual battery. He appealed, arguing that he believed the victim consented to the act and, therefore, he lacked the specific intent to commit the charged offense.

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Sex crimes are serious offenses that often carry weighty penalties. Additionally, many convictions not only result in fines and prison time but may also require a person to register as a sex offender. Being on the sex offender registry can greatly impair many aspects of a person’s life, and it is critical for anyone charged with a crime of a sexual nature to understand the consequences that come with a conviction or guilty plea. If you are accused of a sex crime, it is critical to speak to a knowledgeable Sarasota criminal defense attorney as soon as possible regarding your rights.

What is the Florida Sex Offender Registry?

Under Florida law, people convicted of certain crimes are required to report to their local sheriff’s office and provide identifying information, such as their name, birth date, social security number, race, sex, hair and eye color, tattoos, and other notable marks, and height and weight.

They also have to provide personal information such as their address, place of employment and occupation, contact information, and vehicle information. This information is used, in part, to create a profile for the individual on the public sex offender registry website, which anyone can access to look for offenders by name or to search certain areas to see if offenders live or work there. Continue Reading ›

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In many cases in which a person is charged with a sex offense involving a child, the State will have little if any direct evidence that a crime was committed. As such, the prosecution will often seek to admit circumstantial evidence to prove the defendant’s guilt, which may include hearsay testimony. Under the Florida Rules of Evidence, hearsay is generally inadmissible, but there are exceptions, as discussed in a recent ruling in which a Florida court affirmed a defendant’s conviction for sexual battery of a minor. If you are accused of committing a sex crime against a minor, it is advisable to meet with an experienced Sarasota criminal defense attorney to discuss your options.

The Charges Against the Defendant

It is alleged that the defendant was charged with sexual battery on an individual under the age of twelve. The charge arose from the allegation that he assaulted his former girlfriend’s daughter over the course of four years when he lived with the girlfriend. Prior to trial, the State filed a notice that it intended to admit hearsay evidence in the form of a handwritten note in which the victim described her sexual abuse. Following a hearing, the trial court deemed the note admissible. The defendant was convicted as charged, after which he appealed, arguing, in part, that the court erred in publishing the note.

Hearsay Testimony in Florida Criminal Trials

On appeal, the court held that the admission of the victim’s note into evidence was proper under the Florida Statute Section 90.803(23), which establishes the standard for allowing hearsay statements of child sex abuse victims into evidence at criminal trials. Specifically, the Statute states that the statement must meet certain requirements with regards to reliability. First, it must come from a source that indicates trustworthiness. Second, the content, circumstances, and time of the statement must reflect that it provides adequate safeguards of reliability.

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In many cases in which a defendant is convicted of a crime of a sexual nature, the court will impose a sentence that includes a requirement that the defendant register as a sex offender. In some instances, though, a court has the discretion to remove a defendant’s requirement to register as a sex offender. The court can only exercise this discretion if certain factors are met, however, as shown in a recent case in which a Florida appellate court denied the defendant’s petition for the removal of the requirement to register as a sex offender. If you are charged with a crime of a sexual nature, it is in your best interest to speak to a dedicated Sarasota sex crime defense attorney to assess the circumstances surrounding your arrest and what defenses you may be able to assert to protect your rights.

Procedural History of the Case

It is alleged that the defendant was charged with traveling to meet a minor in violation of Florida law, and unlawful use of computer service in violation of Florida law, both of which were crimes of a sexual nature. He was adjudicated guilty and sentenced by the court. His sentence included a requirement that he register as a sex offender. As such, he filed a petition to remove the requirement. The sentencing court denied the defendant’s motion, after which he appealed.

Removal of the Requirement to Register as a Sex Offender

Under Florida law, if certain requirements are met, a court has the discretion to consider removing a requirement imposed on a defendant convicted of a sex crime. Specifically, the requirement can be waived if a defendant is convicted of sexual performance of a child, lascivious or lewd offenses that were committed in the presence of a person under the age of sixteen, and engaging in specific computer transmissions that are prohibited by law.

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In some instances in which a defendant is charged with a sex crime, the State’s evidence is compelling, and it is prudent for the defendant to enter a plea of nolo contendere to avoid receiving the maximum penalties permitted. Even if a defendant does not defend against criminal charges, however, any sentence issued must nonetheless be within the statutory limitations, and if they are not, may be vacated as illegal sentences, as discussed in a recent Florida case. If you are charged with a sex crime, it is advisable to contact an experienced Sarasota sex crime defense attorney regarding your options and potential penalties.

Factual and Procedural History of the Case

It is alleged that the defendant was charged with attempted sexual battery and attempted lascivious or lewd molestation, both of which were allegedly committed against a person less than twelve years old. The defendant entered a plea of nolo contendere, after which the court imposed concurrent sentences of twenty years imprisonment, followed by probation for life. The defendant appealed, arguing that the sentences were illegal because they exceeded the maximum penalties set forth by law for second-degree felonies. The trial court denied the motion, and the defendant appealed the denial.

Grounds for Vacating a Sentence in Florida

Under the Florida Rules of Civil Procedure, a court may correct an illegal sentence if the defendant affirmatively alleges that the court records, on their face, establish an entitlement to the relief requested. In the subject case, the court noted that sexual battery on a person under twelve years old is a first-degree felony that is punishable by up to thirty years in prison. Thus, the court found that the sentence of twenty years imprisonment followed by lifelong probation exceeded the statutory maximum and, as such, was illegal.

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Criminal matters typically involve an evaluation of what strategy is most likely to result in a successful outcome, whether it is asserting an affirmative defense, seeking a deal on a lesser charge, or some other plan. In some instances, if a criminal defendant chooses one plan of action, it may preclude him or her from asserting other defenses. For example, the issue of whether a defendant that argues the statute of limitations bars criminal charges is entitled to a jury instruction of a lesser included offense on the same charges was recently addressed by a Florida appellate court, in a case in which the defendant was charged with sexual battery.  If you are faced with charges of sexual battery or any other sex crime, it is critical to meet with an experienced Sarasota sex crime attorney to discuss what plan of action is most appropriate in your case.

Procedural History of the Case

Reportedly, the defendant was charged with armed sexual battery. Before the trial, he moved to have the charge dismissed, arguing that it was not filed within the statute of limitations. The court denied the defendant’s motion, and the case proceeded to trial. Following the prosecution’s case in chief, the defendant waived his right to argue the statute of limitations so that the jury could be instructed on the lesser included offense of sexual battery. The State argued that the defendant could not waive the right, and the court agreed, declining to instruct the jury regarding the sexual battery. The defendant was convicted of armed sexual battery, after which he appealed, arguing the court erred in refusing to instruct the jury on the lesser included offense.

Right to a Jury Instruction Regarding a Lesser Included Offense

On appeal, the court stated that under Florida law, a criminal defendant cannot have a charge dismissed pursuant to the statute of limitations and then latter waive the statute of limitations argument as to lesser included offenses arising out of the dismissed charge. In other words, if the defendant gets charges dismissed based on the statute of limitations, he or she cannot then waive the statute of limitations as to other crimes arising out of the same criminal transaction.

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It is not uncommon in criminal cases for the affidavit for an arrest warrant to contain facts and allegations the State is ultimately unable to prove at trial. If the defendant is ultimately convicted of the crimes with which he or she is charged if the information in the affidavit differs from the evidence presented at trial, the court cannot consider the information in the affidavit in determining an appropriate sentence. If the judge does consider unsubstantiated allegations in sentencing a defendant, it may be considered a violation of the defendant’s constitutional rights and is grounds for vacating the sentence. This was shown in a recent Florida appellate court case in which the defendant was convicted of various sex crimes.  If you are charged with a sex crime in Sarasota, it is prudent to speak with a capable Sarasota sex crime attorney to assess your available defenses.

Procedural Background of the Case

Reportedly, the defendant was charged with lewd and lascivious battery of a child and with using a child in a sexual performance. A jury trial was held, during which the State introduced evidence that the defendant was involved in a sexual encounter with the victim, who was underage, and that he made a video recording of the encounter. The jury convicted the defendant of both charges.

It is alleged that during the sentencing hearing, the judge stated she was sentencing the defendant based on the circumstances surrounding the offense. The judge then proceeded to recite facts that were in the affidavit in support of the defendant’s arrest, which were different than the evidence produced at trial. The defendant’s attorney called the judge’s attention to the fact that there was no evidence of record to support the circumstances the judge relied upon in crafting her sentence. The judge agreed but issued the sentence of fifteen years imprisonment followed by fifteen years of sex offender probation regardless. The defendant appealed.

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In many cases, a defendant who is convicted of a crime will be sentenced to probation. If a defendant violates the terms of the probation, however, the court may revoke the probation and sentence to the defendant to a term of imprisonment. Recently, a Florida appellate court discussed a defendant’s rights in probation revocation hearings in a case in which the defendant’s probation was revoked due to an alleged sexual assault. If you live in Sarasota and are faced with charges of sexual assault or any other crime, it is prudent to meet with a dedicated  Sarasota sex crime defense attorney regarding your case.

Factual and Procedural Background

It is reported that the defendant was charged with aggravated child abuse. He entered into a plea agreement with the State and was sentenced to probation for 36 months. Subsequently, the State alleged that the defendant violated his probation by committing two acts of sexual assault. The violation report listed the offenses as the sexual battery on a victim under twelve by a person eighteen years or older. A trial was held regarding the alleged charges.

Allegedly, at the end of the trial, prior to the jury’s decision, an evidentiary hearing was held on the alleged probation violation. The court revoked the defendant’s probation without allowing the defendant to speak and sentenced the defendant to five years of imprisonment. The defendant was subsequently found not guilty of sexual assault crimes. The jury submitted a note to the judge stated that they believed the defendant committed an illegal act, but the evidence was insufficient to prove the crime charged.

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In Florida, if a person is charged with molestation of a minor child, the State is permitted to admit the child’s out of court statements if there is other corroborating evidence to support the statements, under the child hearsay exception. If the statements are not corroborated, however, they will be insufficient to support a conviction.  The District Court of Appeal of Florida, Third District, recently discussed the standards for admitting child hearsay in a case in which the defendant was charged with sex crimes against a child. If you live in Sarasota and a charged with a sex crime involving a minor it is essential to engage a skilled Sarasota sex crime defense attorney to discuss what evidence the State is permitted to use against you at trial.

Facts of the Case

It is reported that the defendant lived in the same house as his alleged victim, who was his eight-year-old niece. The victim reported to school administrators that the defendant touched her privates and threatened to kill her if she told anyone. She underwent a physical examination which revealed no injuries. A forensic interview was conducted of the victim, during which she stated that when she was in the defendant’s room, the defendant had placed his finger inside her privates, after which she bled. She also stated the defendant touched her outside of her clothes the day before in the living room.

It is alleged that the defendant was charged with sexual battery and lewd and lascivious molestation of a child under the age of twelve. During the trial, the victim’s out of court statements were admitted under the child hearsay exception. The victim also testified at trial but stated she did not recall the incident she talked about in her forensic interview where the defendant touched her over her clothes. Additionally, the victim testified regarding another incident that was not previously reported. The defendant was convicted on both counts, after which he appealed.

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