Sexual misconduct is a serious criminal offense with potential long-lasting and far-reaching implications for those convicted. Sexual misconduct is a charge that can be brought when someone in a position of power over another is accused of using that position in order to pursue sexual activity with the subordinate.
If you are a college student, faculty member, or administrator facing a charge of campus sexual misconduct, you owe it to your future to put forth your best possible defense. An experienced Delray Beach campus sexual misconduct Attorney like those at Leifert & Leifert understands the importance of providing a serious defense and can help you put your best legal foot forward for the best possible result.
Types of Campus Sexual Misconduct and Potential Consequences
Under Florida law, the key component of the crime of sexual misconduct is that the alleged victim was in a position of unequal power relative to the accused and forced or coerced into the sexual activity. For college campus-related incidents, this could mean that the misconduct occurred within the context of any number of relationships, including professor and student, resident assistant and dorm tenant, and fraternity/sorority pledge and member. The types of sexual activity that can give rise to a sexual misconduct charge can include, but are not limited to, the following:
- Intentional exposure of one’s own genitals
- Fondling another person’s genitals or other parts or areas of their body
- Simulating sexual activity
- Physical sexual acts, including actual penetration
The type of sexual misconduct you have been charged with, as well as the facts and circumstances, can greatly impact the potential consequences. An experienced campus sexual misconduct attorney in Delray Beach will understand the range of potential penalties, and even if they cannot help prevent a conviction, the lawyer may be able to help you avoid a harsher sentence.
The Impact of Sex Offense Proceedings on College Students
A conviction of sexual misconduct can result in criminal penalties, including fines and potential jail time, as well as the person being added to the Florida sex offender registry for the rest of their life. As that registry is public and easily accessible by friends, family, coworkers, and current and potential employers, its potential impact is significant, including possible job loss or inability to obtain future preferred employment. Further, a convicted sex offender is limited in where they can live in Florida. For college students convicted of sexual misconduct, this might mean that they can no longer live on or often even near campus.
A campus does not need a criminal conviction for allegations of a sexual offense to impact a student’s living situation. A negative outcome in a disciplinary proceeding can have the same impact, resulting in a student losing their housing. It can go even further than that. A student who has a disciplinary hearing to determine that they committed a sexual offense may be suspended or expelled from the university. They may be unable to transfer schools to finish their education. These findings become part of someone’s academic record, which can impact the ability to get into graduate programs. They can even impact a student’s future employability. As a result, even Delray Beach students who are not facing criminal charges should get the help of a Lawyer if they are facing allegations of campus sexual misconduct.
Possible Defenses to Campus Sexual Misconduct Charges
Depending on the facts of the specific case, including the type of sexual misconduct alleged, a seasoned Delray Beach Criminal Defense attorney can help argue that there was not an imbalance of power between the accused and the accuser. Further, in the case of intentional indecent exposure, if it can be proven that the exposure was accidental rather than intentional or without knowledge that someone else could observe, the case could be dismissed. The consequences of a campus sexual misconduct conviction are significant and merit an appropriate defense strategy to avoid the imposition of the most serious consequences.
Talk to a Knowledgeable Delray Beach Campus Sexual Misconduct Attorney Today
While you are entitled to a defense from a public defender if you have been charged with a sexual misconduct crime, given what is at stake, you must decide whether you want to put your life in the hands of an overworked and understaffed public attorney or if you want to hire private defense counsel. Plus, public defenders only handle the criminal allegations against you. They do not handle university disciplinary proceedings, which have a much greater likelihood of negatively impacting your life. Proving a sex-based offense beyond a reasonable doubt is a high burden in criminal court, but proving it by a preponderance of the evidence in a University or Academic disciplinary proceeding is much more likely.
Our experienced defense counsel and their support staff are available when you need them and will be in your corner advocating for your rights throughout the entirety of your case. If you have been accused of a college campus-related sexual misconduct crime and would like to have a free initial consultation with an experienced Delray Beach campus sexual misconduct lawyer, call Leifert & Leifert today.
