Defending Against Sex Crime Allegations: A Legal Perspective

What Happens if I Have Been Falsely Accused of a Sex Crime?

Sex crimes are serious offenses. Because of the difficulty in proving sex crime allegations, many people do not come forward to report them. Some estimates place the number of reported sex crimes at only 25%. It is vitally important that people who are the survivors of sexual offenses come forward with their stories. However, in some instances, those who come forward do so with ulterior motives.

It is estimated that up to 10% of allegations of sexual offenses are false. Motives for filing false reports may include but are not limited to seeking revenge, mental illness, and pressure from friends and family. Because of growing awareness of the prevalence and seriousness of sexual offenses, law enforcement has steadily begun to take allegations more seriously in recent years. This means that if you or a loved one are the victim of false claims, you may be facing serious jail time. That is why anyone falsely accused of sex crimes should immediately hire the services of an experienced attorney.

What is a Sex Crime in Florida?

Sex crimes in Florida cover a wide range of activities. Generally speaking, a sex crime is any offense that involves unwanted sexual activity with another person or any sexual activity with an individual below the age of eighteen when the perpetrator is an adult. Sex crimes may include but are not necessarily limited to:

• Rape
• Sexual Assault
• Child Molestation
• Possession, Manufacture, and Distribution of Child Pornography
• Indecent Exposure
• Sexual Battery
• Voyeurism

While consensual sexual activity between minors will generally not be prosecuted, minors can still be charged for unwanted sexual activities involving other minors or adults.

Florida also has a legal provision known as the Romeo and Juliet law. This is a legal stipulation to prevent the prosecution of individuals who engage in consensual sexual conduct with minors as long as the individuals are within four years of age of one another. The Romeo and Juliet law is meant to prevent overzealous law enforcement officers or parents from bringing unjust charges against individuals who may have entered into a sexual relationship while both were still minors.

What are the Penalties for Sex Crimes in Florida?

The penalties for sex offenses vary depending on a variety of factors. These can include the severity of the offense, the age of the victim, whether the offender has any prior convictions for sexual offenses, and other factors. Most of the time, sex offenses against younger individuals and sex offenses involving violence, threats of violence, or the use of force will result in harsher penalties.

Penalties for non-violent offenses will generally be lighter. For example, someone found guilty of indecent exposure can expect to face a year in jail and a fine of up to $1,000. However, some non-violent offenses can still carry harsh sentences. Individuals found guilty of possession of child pornography can be sentenced to anywhere from five to thirty years in prison and a $5,000-$10,000 fine.

Violent offenses generally carry harsher sentences. For example, individuals found guilty of sexual battery face fifteen or more years in prison. Individuals found guilty of lewd and lascivious conduct involving a minor face a penalty of up to life in prison.

Anyone convicted of a sexual offense must also file with the sex offender registry. For many individuals, this is a lifelong requirement. This means as long as a person lives, they will have to register as a sex offender. This means their information will be available to the public, including their name, photo, and the charges they were convicted of.

This can potentially impact the remainder of a person’s life and severely limit what jobs they can have, where they can live, and what type of social interactions they are allowed to have.

What Are Defenses Against Allegations of Sex Crimes in Florida?

Due to their nature, sex crimes are often difficult to investigate. This is why many victims choose not to come forward. Depending on the case, proving a sex crime occurred may come down to circumstantial evidence or a “he said, she said” situation. Many times, proving at trial that a sex crime occurred can come down to the accuser and victim’s credibility, the alleged circumstances of the case, and the judge and jury’s preconceived notions about both sex crimes and the individuals involved.

Multiple defenses are available to individuals charged with sex crimes. Remember, the burden is on the state to prove that a crime occurred. All the defendant must do is cast reasonable doubt on the prosecution’s case. This can include establishing consent or proving an alibi. In some cases, it may mean challenging the accuser’s credibility or the credibility of the state’s case.

If you can establish that procedural errors were made by the state in collecting evidence, this can be a solid defense. You can also focus on flaws in the evidence or establish that the evidence being presented does not prove beyond a reasonable doubt that you are guilty of a crime.

These are only a few of the potential defenses that can be presented. If you are charged with a sex crime, you must contact an experienced attorney. A lawyer with a background in defending people against sex crime allegations will be able to assess the circumstances of a particular case and help build the best and most vigorous defense. Remember, a sex crime conviction can come with potentially life-altering consequences.

What Should I Do if I’m Charged with a Sex Crime in Florida?

Everyone accused of a crime deserves a strong defense in court. This includes individuals accused of having committed sex crimes. If you or a loved one are facing allegations of sexual offenses, don’t hesitate to contact George Reres Law, PA, located at 973 W State Rd 84, Fort Lauderdale, FL 33315. The attorneys of George Reres Law, PA, know that sometimes good people face false allegations. They believe everyone deserves the best defense they can receive. They’ll work tirelessly to help build a case for you and tailor your defense to the precise circumstances. They know what kind of impact a false conviction can have on a person and want everyone to be able to go on living their best lives free of stigma.

False allegations of sexual misconduct can be frightening. With the law firm of George Reres Law, PA, on your side, they don’t have to be. If you or a loved one are facing sex crime charges, immediately contact George Reres Law, PA, at 954-543-1186 or email them for a free evaluation.