Articles Posted in Sex crimes

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In Florida, if a person is charged with molestation of a minor child, the State is permitted to admit the child’s out of court statements if there is other corroborating evidence to support the statements, under the child hearsay exception. If the statements are not corroborated, however, they will be insufficient to support a conviction.  The District Court of Appeal of Florida, Third District, recently discussed the standards for admitting child hearsay in a case in which the defendant was charged with sex crimes against a child. If you live in Sarasota and a charged with a sex crime involving a minor it is essential to engage a skilled Sarasota sex crime defense attorney to discuss what evidence the State is permitted to use against you at trial.

Facts of the Case

It is reported that the defendant lived in the same house as his alleged victim, who was his eight-year-old niece. The victim reported to school administrators that the defendant touched her privates and threatened to kill her if she told anyone. She underwent a physical examination which revealed no injuries. A forensic interview was conducted of the victim, during which she stated that when she was in the defendant’s room, the defendant had placed his finger inside her privates, after which she bled. She also stated the defendant touched her outside of her clothes the day before in the living room.

It is alleged that the defendant was charged with sexual battery and lewd and lascivious molestation of a child under the age of twelve. During the trial, the victim’s out of court statements were admitted under the child hearsay exception. The victim also testified at trial but stated she did not recall the incident she talked about in her forensic interview where the defendant touched her over her clothes. Additionally, the victim testified regarding another incident that was not previously reported. The defendant was convicted on both counts, after which he appealed.

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Juvenile residents of Florida may be charged with sex crimes, and although they are generally treated with more leniency than adult defendants, they may still face significant penalties if they are convicted. For example, if a juvenile defendant is convicted of a sex crime, in certain cases, he or she may be required to register as a sex offender. The District Court of Appeal of Florida, Fourth District, recently explained the grounds for imposing a sex offender registration requirement on a juvenile, in a case in which the defendant allegedly violated the terms of his probation following a conviction for a sex crime. If you are a minor living in Sarasota and are charged with a sex crime it is imperative to meet with a knowledgeable Sarasota sex crime defense attorney regarding the potential penalties you face and what defenses are available to help you avoid a conviction.

Factual and Procedural Background

It is reported that the defendant was deemed delinquent for violating the terms of his probation, following a conviction for the lascivious or lewd molestation of a victim who was less than twelve years old. During the violation of probation hearing the court imposed a sex offender registration requirement on the defendant. The defendant subsequently appealed, arguing that the court erred in imposing the requirement. Specifically, he argued that the registration requirement was based on factual findings that were not made by the original sentencing judge and were therefore improper.

Sex Offender Registration Requirement

Under the Florida statute pertaining to the registration of sex offenders, a person will be deemed a sex offender if he or she has been adjudicated delinquent for committing one of the enumerated sex crimes if he or she was fourteen years old or older at the time of the offense. One of the crimes that require a person to register as a sex offender is lascivious or lewd molestation, if the court finds the molestation involved unclothed genitalia.

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Many criminal cases are resolved prior to trial. If a criminal case proceeds to trial, however, it is vital that the jury is correctly instructed on the precise elements of the crime, as the failure to do so can result in an unjust conviction. This was demonstrated in a recent case in which a Florida appellate court reversed the defendant’s conviction for sexual battery, due to the fact that the jury was improperly instructed on the elements of the crime. If you are a Sarasota resident facing charges of a sex crime, including sexual battery on a person under twelve years old, it is crucial to engage a skilled Sarasota sex crime defense attorney to develop persuasive arguments on your behalf to help you seek a favorable result under the facts of your case.

Factual and Procedural Background

Reportedly, the victim lived wither her father and her stepmother during the week, and her mother and the defendant on the weekends. On one occasion when the stepmother picked up the victim after a weekend with her mother and the defendant, the victim was acting strangely. The stepmother asked the victim if anything happened, after which the victim began to cry and reported that the defendant had touched her inappropriately.

It is alleged that the stepmother told the father, who called the police. They then took the victim to a clinic to be examined. The defendant was charged with sexual battery on a person less then twelve years old. In the amended information charging the defendant, the State alleged the defendant committed two acts of sexual battery by causing his genitals to penetrate or have union with the “butt” of the victim. The case proceeded to trial, and during the trial the victim, who was ten at the time, testified that the defendant had contact with her “butt.” She had difficulty remembering things and testified inconsistently as to the precise acts that occurred.

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In any criminal case, the State bears the burden of proving that the defendant committed each element of the crime. In many cases, the State does not have direct evidence and relies on circumstantial evidence to prove its case. In limited circumstances, the State is permitted to introduce evidence  that the defendant committed a collateral crime to show that the defendant is guilty of the crime he or she allegedly committed. A Florida appellate court recently analyzed when collateral crime evidence is admissible, in a case in which the State sought to admit collateral crime evidence of the defendant’s propensity to commit sexual battery. If you live in Sarasota and are charged with sexual battery or any other crime, it is essential to retain a proficient Sarasota sex crime attorney to discuss your case and the evidence that the State may be permitted to introduce against you.

Facts of the Case

It was reported that the victim alleged that the defendant penetrated her digitally without her consent while she was sleeping after a night of drinking.  Shortly after the alleged incident, the defendant left messages on the victim’s phone in which he apologized for being aggressive, getting carried away, and going over the line. The defendant was charged with sexual battery. Prior to trial, the State filed a notice that it would introduce evidence at trial that the defendant had previously digitally penetrated a woman who had passed out after a night of drinking.

The defendant filed a motion in limine to preclude the collateral crime evidence. Following a hearing, the court found that the collateral crime evidence was admissible to show the defendant’s propensity to commit the crime alleged. The collateral crime evidence was introduced at trial, and the defendant was found guilty. The defendant appealed, arguing, in part, that the trial court erred in permitting collateral evidence for the purpose of showing propensity. Continue Reading ›

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If you are charged with a sex crime it does not mean that you no longer have any rights. Rather, under both Florida law and the United States Constitution, defendants accused of committing a sex crime have several rights, including the right to confront their accuser. If the court refuses to uphold the rights of a criminal defendant, it can result in a reversal of a conviction. This was illustrated in a recent case arising out of the Florida Court of Appeals, in which the court reversed a defendant’s conviction due to the fact the trial court denied the defendant the right to question his accuser. If you live in Sarasota and are charged with a sex crime it is essential to hire an assertive Sarasota sex crime defense attorney who will aggressively advocate on your behalf and help you to defend your rights.

Facts Regarding the Alleged Crime and Underlying Trial

Reportedly, in 2016, the defendant babysat his alleged five-year-old victim, after which the victim told her mother that she saw the defendant naked and they played a game in which they took off their clothes. The victim gave four different accounts of what happened when she was questioned regarding the incident on subsequent occasions. The defendant was charged with three counts of lewd and lascivious conduct, and a trial was held.

Allegedly, as there was no physical evidence of any harm, the defendant’s attorney sought to question the victim’s credibility by advising the jury of the different accounts she provided as to what happened. The trial court ruled, however, that it would not allow the defendant’s attorney to cross-examine the victim, due to her age. Rather, the court ruled it would merely show the jury any portions of the victim’s deposition that contradicted her testimony at trial. Thus, the defendant was unable to confront the victim regarding the inconsistencies in her accounts of what happened. The defendant was subsequently convicted, after which he appealed.
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