(561) 988-8000 Due to the highly emotional nature of sex crimes cases, they are often highly publicized and pursued aggressively by law enforcement and prosecutors in Florida. If you have been charged with a sex crime in Fort Lauderdale, you will likely be facing harsh prosecution, negative societal stigmas, and daunting punishments in the event of a conviction. To protect your rights and ensure the best outcome in your case, it is highly advised that you contact an experienced Ft. Lauderdale sex crimes lawyer as soon as possible. An experienced defense attorney can advocate on your behalf and help make sure you understand what to expect. En Español.
Sex Crimes Offenses
Anyone facing a sex crimes charge in Ft Lauderdale is likely to feel overwhelmed, confused, and possibly even helpless to defend themselves. The prospect of heavy fines, prison time, and general reputational repercussions that come with a sex crimes conviction can be extremely daunting.
Experienced sex crimes attorneys understand the stakes involved in a conviction, and will work with clients each step of the way to ensure the best possible outcome in every case. Skilled attorneys have experience defending a variety of Ft Lauderdale sex crimes cases, including, but not limited to:
- Sexual assault
- Sexual abuse
- Child pornography
- Indecent exposure
- Solicitation
Building a viable defense requires expertise that only a Ft Lauderdale sex crimes lawyer can provide. It is especially beneficial to seek the help of a Broward County attorney who has experience in the Ft Lauderdale court system, since they will understand the potential nuances in persuading a given judge or jury in an individual’s case.
Florida Laws Regarding Sex Crimes
As in the rest of the United States, sex crimes in Florida typically come with harsh judicial penalties that often involve high fines and/or jail time. Most sex crimes cases are considered felonies, meaning prison sentences and fines increase substantially as the severity of the crime increases.
Individuals convicted of committing sex crimes in Fort Lauderdale are usually required to be entered into the sex offender registry for life and miss out on many civil liberties. For example, they are not allowed to own a gun nor vote in government elections. A conviction could also ruin a person’s personal life, potentially barring them from living in certain areas where there are schools are specific jobs involving children. Lastly, their sex crime(s) would be available for the general public to see online.
It is important for anyone charged with a sex crime to hire a Ft. Lauderdale sex crimes lawyer who can aggressively defend them in order to avoid conviction or reduce possible penalties.
What is Sexual Assault?
In Florida, the legal term for rape is sexual battery, and it carries different penalties depending on the age of the offender and victim. The maximum penalty a person age 18 or older can receive for a sexual battery conviction is life in prison, if the victim was under the age of 12. The maximum penalty is reduced if the victim is older than age twelve – up to thirty years in prison – and a substantial fine.
Federal Law Child Pornography Definitions
Because child pornography has become such a big concern, both states and the federal government have enacted detailed statutes defining prohibited behavior and setting forth penalties to be imposed. Federal law on the subject is found in Sections 2251 through 2260 of Title 18, the US Criminal Code.
The US statutes define child pornography as “any visual depiction” which appears to depict a minor engaging in “sexually explicit conduct.” The types of conduct included in this definition, which a sex crimes attorney in Ft. Lauderdale can help defend against, are also outlined in this section.
It is worth noting that the image may be prohibited even if it is computer-generated or the conduct depicted is simulated.
State Law Child Pornography Definitions
The definition of child pornography under Florida law is similar but not quite the same, it is “any image depicting a minor engaged in sexual conduct.” Notice that the word “explicit” is not included in the state definition.
The statute sets forth behaviors that are considered “sexual conduct” in Section 847.001(16), and further defines terms under that definition in other subsections. In other words, the law is very detailed to afford minors as much protection as possible.
Prohibited Conduct
State and federal laws prohibit a list of certain behaviors in connection with child pornography. Generally speaking, it is not only illegal to create such material, but illegal to sell, transfer or show it to others, to view it, or even to possess it.
To encourage reporting of any suspected child pornography, state law provides specific immunity from civil suits for those who report their suspicions to authorities.
Depending on the circumstances, possession of child pornography can be treated as a second or third-degree felony under Florida law, punishable by up to fifteen years in prison and a fine of up to $10,000.
Date Rape Laws in Ft. Lauderdale
Florida refers to date rape as sexual battery which is defined as any “oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object.” While many people think that “date rape” is a different offense than rape/sexual battery, it is not. In fact, the term is generally used to describe situations in which two people are on a date and sexual battery results.
This offense is often associated with one party drugging the other with substances such as Rohypnol (also known as Roofies), Gamma Hydroxy Butyrate (GBH), and Ketamine Hydrochloride (also known as Special K). Although these are all commonly referred to as date rape drugs, this offense is essentially the same as sexual battery for legal purposes. Individuals should consider speaking with a Ft Lauderdale lawyer about accusations of drugging another for sexual advantages or date rape.
Sexual Battery Penalties
Sexual battery is considered a second-degree felony charge in Florida which can result in 15 years of prison time, 15 years of probation, and a $10,000 fine.
Ft. Lauderdale lawyers have seen penalties be significantly higher when extenuating and aggravated circumstances are involved in a date rape case. Some of these include:
- Defendants who have a position of authority over victims
- Use of a deadly weapon or violence
- Use of date rape drugs
- Victims who are mentally or physically incapacitated (meaning that they were intoxicated or unconscious)
- Victims who are minors
Potential Defenses for Date Rape Charges
Date rape charges often involve one party’s testimony against another’s as there are generally no other witnesses present to give additional testimony. In addition, drugs or alcohol are commonly involved which can further complicate matters. While date rape and sexual battery should never be tolerated, victims sometimes falsely accuse an individual for personal reasons or misidentify alleged abusers. In addition, law enforcement officers tend to sympathize with victims regardless of whether they are telling the truth. That is why it is imperative to contact an experienced Fort Lauderdale sex crimes attorney to do a separate pretrial investigation to determine what really might have happened versus what is being alleged in a date rape case.
What Does Unlawful Sexual Activity Mean?
The crime is defined in s. 794.05 of the Florida State Statutes and listed below:
794.05 Unlawful sexual activity with certain minors.—
(1) A person 24 years of age or older who engages in sexual activity with a person 16 or 17 years of age commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. As used in this section, “sexual activity” means oral, anal, or vaginal penetration by, or union with, the sexual organ of another; however, sexual activity does not include an act done for a bona fide medical purpose.
(2) The provisions of this section do not apply to a person 16 or 17 years of age who has had the disabilities of nonage removed under chapter 743.
(3) The victim’s prior sexual conduct is not a relevant issue in a prosecution under this section.
(4) If an offense under this section directly results in the victim giving birth to a child, paternity of that child shall be established as described in chapter 742. If it is determined that the offender is the father of the child, the offender must pay child support pursuant to the child support guidelines described in chapter 61.
As the statute stipulates, if the otherwise improper sexual interaction between an individual aged 24+ and a person aged 16 or 17 is for a genuine medical purpose as determined by the court based on medically sound reasoning, the interaction is not a crime. If, however, the interaction is not for a legitimate medical purpose, such sexual interaction as defined in the statute is indeed a second-degree felony.
How is Rape Defined?
A number of different statutes govern both non-consensual rape scenarios and “statutory” rape situations where the parties may believe the situation is consensual, but the law deems one party incapable of giving consent due to age or another condition. The statutes applying to sexual battery are set forth in Chapter 794 of the Florida criminal code.
Sexual battery is defined in Broward County as the “oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object” unless such action is taken for a “bona fide medical purpose.”
Committing sexual battery against another person without that party’s consent is at least a second-degree felony and warrants immediate contact with a Ft Lauderdale sex crimes attoreny.
Aggravating Factors of Forced Sexual Intercourse
Many factors can aggravate the crime of sexual battery and increase the penalties for the offense. Some of those aggravating factors for rape that a Ft Lauderdale attorney will need to look at include:
- Use or threatened use of a deadly weapon or bodily force sufficient to cause serious injury
- The battery was committed against an individual less than 12 years of age
- The battery was committed against an individual who was unconscious, asleep or otherwise unable to communicate
- Prior conviction for similar offense
- The battery was committed against an individual with a mental defect that rendered consent impossible
- The battery was committed by a law enforcement official or someone in a similar position of authority
These aggravating factors can elevate the crime to a first-degree or even capital felony.
Related Offenses
In some circumstances, two parties may believe they are engaging in consenting sexual relations, but the law deems one party incapable of giving full consent because of age.
These situations may be classified as different types of criminal behavior. For instance, if an individual over the age of 18 engages in sexual activity with a party between the age of 12 and 16, such conduct is considered “lewd or lascivious battery.”
Similarly, if an individual over the age of 24 engages in sexual activity with someone aged 16 or 17, the behavior is prohibited as “unlawful sexual activity with certain minors.” Both offenses are punishable as second-degree felonies and should result in contact with a Ft Lauderdale sexual battery lawyer. An individual aged 21 or older who rapes and impregnates a child under the age of 16 can be prosecuted for third-degree felony child abuse.
What is the Sex Offender Registry?
Anyone who has been convicted of a sex crime in Florida will most likely be legally obligated to register with the Florida sex offender registry, with the length of time on the registry dependent on the severity of the crime.
The registry is open to the public and reveals details about a person’s name, physical appearance, place of residence and employment, and more. Depending on the offense, offenders must update this information at their county sheriff’s office either twice or four times per year.
How a Sex Crimes Attorney in Ft Lauderdale Can Help
If you have been charged with a sex crime in Ft Lauderdale, it is important to take your case very seriously and ensure your rights are protected. Hiring a skilled attorney is an essential step in preventing a sex crimes conviction on your record. Take the initiative and consult with an experienced Ft Lauderdale sex crimes lawyer today.
