If you have been accused of a sex crime, you are likely overwhelmed. Like many other crimes, the stigma of the accusation can change your life forever. A conviction is even more severe, carrying the potential of harsh penalties such as prison time and sex offender registration.
Whether you are facing charges of sexual battery, indecent exposure, or lewd conduct, you need a Coral Gables sex crimes lawyer who is responsive, knowledgeable, and ready to defend your rights. At Shirazi and D’Escoubet Law Group, our defense attorneys are committed to providing immediate legal assistance, clear communication, and an aggressive defense strategy tailored to your case.
Florida law defines sex crimes broadly, with penalties varying based on the nature of the offense, the age of the alleged victim, and whether the act involved force or coercion. The four main types of sexual offenses in the state are:
Sexual battery—more commonly known as rape—refers to non-consensual sexual activity. Florida Statutes § 794.011 details the offense, including the different degrees and the punishment ranges attached to the offenses, which vary based on the victim’s age and the use of force. Sexual battery can be classified as a first-degree felony, punishable by up to life in prison.
Lewd or lascivious offenses are governed by Florida Statutes § 800.04. They include sexual activity with minors or indecent exposure in front of a child. These offenses can be charged as second-degree felonies or higher, with potential penalties ranging up to life in prison, depending on the circumstances.
Indecent exposure under Florida Statutes § 800.03 refers to exposing oneself in public in a vulgar or offensive manner. This is one of the few sex offenses that is classified as a first-degree misdemeanor rather than a felony, punishable by up to one year in jail.
Florida Statutes § 847.0135 discusses solicitation of a minor, including online communication to attempt to solicit sexual activity with a minor. A solicitation offense does not require any actual sexual contact with, or contact toward, the minor. The law allows for different levels of charges, but the state typically charges this offense as a second-degree felony, with a potential penalty of up to 15 years in prison.
Clearly, the potential criminal charges for sex offenses can be severe. Even the lowest-level offenses have the potential of jail time, and the highest punishments include a potential life sentence. It is vital to contact a Coral Gables sex crimes attorney as soon as a person believes they may be a suspect in one of these cases.
Sex crime allegations rarely involve additional witnesses, meaning the prosecution often relies on subjective testimony and circumstantial evidence. A Coral Gables defense attorney can employ several strategies to defend against sex crime charges.
Consent is a common defense. As long as the act was consensual and involved adults, it was not a crime. Fortunately, the defendant does not have the burden of proving consent. Instead, the prosecution must prove that the contact was non-consensual, which often involves testimony from an alleged victim. Many accusers may be reluctant to appear in court or seem unreliable on the stand, making going to trial a viable option in certain cases.
Another defense is that the accusation is false. In some cases, mistaken identity may be the root of a false accusation—the accuser was the victim of a crime but has identified the wrong person. However, false accusations may also stem from revenge or misunderstandings. Our attorneys will work to uncover inconsistencies in the accuser’s statements to support your defense.
Entrapment may serve as a defense in some cases. It is most likely to be relevant in offenses involving minors, such as when law enforcement conducts sting operations to identify potential offenders. Law enforcement cannot coerce or manipulate individuals into committing crimes. If evidence suggests they did so, an attorney can ask for any related evidence to be deemed inadmissible.
In addition to the criminal consequences of sex crimes, there can be very real civil and social consequences. These may include mandatory sex offender registration, civil liability for assault, harm to your reputation, loss of parental rights, and difficulty obtaining employment.
The well-versed legal team at Shirazi and D’Escoubet Law Group is committed to helping you explore your potential defense options. Contact us today to schedule a consultation with a Coral Gables sex crimes lawyer.
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