Perhaps there is no category of crimes in state and federal courts in the United States more penalized. Remember that in this country, the laws are enacted by the legislature and that politician agrees with the sexual abuse of a minor? Quite the opposite. These cases are difficult and the consequences of a guilty ruling are devastating. However, there are possibilities to mount an effective defense. In many of these In our cases, our clients have been falsely accused and there is no evidence: there is no DNA, there are no witnesses, and there are no medical reports confirming the alleged sexual abuse.
Consider the following sex crimes and their possible defenses:
Posession of Child Pornography
According to the Florida criminal code, § 827.071 (5) (a), Florida law treats each image of child pornography as a separate crime.
In other words, if one owns a magazine with multiple photographs of child pornography - each individual photo constitutes a crime and investigations of child pornography typically result in the discovery of several images of child pornography.
The crime of possession of child pornography is defined as the intentional possession (or view) of child pornography. Child pornography includes photographs, movies, exhibitions, shows, representations, images, data files, computer representations or other presentations that include any sexual conduct by a minor.
Sexual behavior is defined as real or simulated sexual activity, lascivious display of the genitals, and physical contact with a person dressed (or without clothes), and with their genitals, pubis, buttocks or female breasts with the intention of awakening or satisfying desires sexual.
In Florida, the crime of possession of child pornography is a felony of the third degree and punishable by up to 5 five years in prison, 5 five years probation and a fine of $ 5,000.
In addition, a person convicted of possession of child pornography would also be designated as Sex Offender for the rest of his life and would have to register as such in the
municipality where he lives.
We have used the following defenses to achieve positive results in cases of child pornography:
Age of protagonists
A viable defense to the charge of possession of child pornography is the current age of the protagonists in the images. If they are people over 18 years of age (i.e. adults), the case must be fire. This defense applies even if the protagonists appear to be minors.
Remember that the crime of possession of child pornography requires that whoever owns or sees pornography do so intentionally. We have had clients who have received images of child pornography without requesting it, and have deleted them immediately - without realizing the illicit nature of the image. However, the image may remain in the computer's memory, despite having been deleted by the user. In this scenario, the image was not intentionally seen (or possessed).
Lascivious Sexual Assault or Abuse (Lewd and Lascivious Molestation)
According to § 800.04 (5), of the Florida criminal code, the crime of aggression or lewd sexual abuse is committed when a person intentionally touches the breasts, genitals or buttocks of a child under 16 in a lascivious manner; or encourages, forces or incites a child under 16 by touching another person in a lewd manner.
The words, "lewd" and "lascivous," mean the same thing, and are defined as an intention on the part of the person performing an impious, lustful, impure, licentious or sensual act.
The penalties for aggression or lascivious sexual abuse vary in severity depending on the age of the aggressor and the age of the victim.
For example, if the aggressor was 18 years of age or older and the victim was under 12 years of age, the judge (or the judge) is obliged (by law) to impose a “minimum mandatory” sentence of 25 years in prison followed by a period of probation or supervised freedom for the rest of the life of the aggressor.
However, if the victim is more than 12 years old, but less than 16 years old and the aggressor is an adult (18 years of age or older), the judge can impose a sentence between 51 months in prison and 15 years in prison.
In addition, people convicted of aggression or lascivious sexual abuse will be designated as Sex Offender for the rest of their life and would have to register as such in the municipality where they live.
We have used the following defenses to achieve positive results in cases of aggression or lascivious sexual abuse:
The Allegation is False (that is, the minor is lying)
It typically arises in divorce cases. For example, where the mother manipulates the minor against the father. It also exists in cases when the minor has emotional or psychiatric problems. False accusations of aggression or lascivious sexual abuse are common in Florida. Many times, there is no DNA, nor is there a medical test that confirms sexual assault. There is only the word of the alleged victim.
Lack of Intention of the Aggressor
Remember that the intention of committing a lewd act is the core of the charge of aggression or lascivious sexual abuse. If it is possible to prove to the judge or a jury that there was no such intention on the part of the accused, the case will be dismissed or, alternatively, the verdict will be "not guilty."
According to § 794.011 of the Florida criminal code, the crime of Sexual Assault is committed when a person has oral, anal or vaginal contact without consent with another person with their sexual organ or an object.
In addition, there are several aggravations of the crime of sexual assault with more severe penalties. For example, aggravated sexual assault exists when the accused uses a firearm to commit the aggression; when the victim is disabled (by medical condition or by use of alcohol or drugs) and cannot resist; when the victim is physically disabled; or when the victim is less than 12 years old. Penalties for sexual assault are determined by the age of the offender, the age of the victim, or the presence of aggravating circumstances.
A person sentenced to imprisonment for Sexual assault is not eligible to gain time and must serve his entire prison sentence, day by day. As is routine in sexual cases, people convicted of Sexual assault will be designated as Sex Offender for the rest of his life and would have to register as such in the municipality where he lives.
We have used the following defenses successfully in cases of sexual assault:
Consent of Victim's Party
Consent is a defense to an accusation of sexual assault or rape, but only if the victim's
consent to the sexual act was voluntary.
False accusations of sexual assault or rape are common in Florida. Many times, there is no DAN, nor is there a medical test that confirms sexual assault. There is only the word of the alleged victim.
Examples of false accusations include manipulation of minors by a father (or mother) involved in the divorce process, and also the mental or emotional state of the victim. Again, it is extremely important to have a capable and effective defense - to investigate the motives and motivation of the
Voyeurism (Voyeurism) and Voyeurism with Video (Video Voyeurism)
According to § 810.14 of the Florida criminal code, the crime of voyeurism is committed when a person, with lascivious, obscene or indecent intentions, secretly observes another person in a private dwelling, structure, or transportation and said location provides a reasonable expectation of Privacy; or intimate areas of another person that are covered so that a reasonable expectation of privacy exists. The term "intimate zone"; It is defined as the part of the body or underwear that is covered by clothing and is intended to protect itself from public view.
We have used the following defenses successfully in cases of voyeurism:
There is no Expectation of Privacy
It is completely legal to observe someone naked when such person has no expectation of privacy. For example, in Florida there are several public beaches where “topless” bathing is allowed.
It is legal to observe other people through security cameras, provided there is a notice notifying the public of such a camera, or if the camera system is installed in such a way that its presence It is immediately obvious. However, it is illegal for a merchant to directly observe customers without permission in a dressing room or in a bathroom that is designed to ensure public privacy.