The Florida law that applies to sex crimes is detailed in 2011 Florida Statutes under Title XLVI Ch. 794, Sexual Battery. The legislature has determined that sexual battery is the basic charge for Florida sex crimes. Other charges may apply, depending upon the circumstances of the offense. This chapter is filled with details of the sex crimes law that will apply to your case. It covers topics of duties, rights, services and penalties for victims and suspects of sex crimes. This chapter also defines limits of age, type of act, force, drug use and sentencing rules that apply to Florida sex crimes.
According to statistics compiled by the Florida Department of Law, there is one forcible sex offense in Florida every 53 minutes. Forcible rape occurs once every hour and 38 minutes. The definition of sexual battery and rape included in Statute 794.011 is an act involving non-consensual oral, anal, or vaginal physical penetration or union with the sexual organ of a person or any object. While it is essential to protect the public from sex crimes, sometimes a completely innocent individual gets caught up in a contrived offense – this is one reason you need superior legal counsel.
Sex Crimes Lead to Prison Time
A sex crime conviction will result in either a misdemeanor or a felony charge and being added to the public sex offender registry for life. Misdemeanors can include punishment of up to 1 year; a felony carries a prison sentence in excess of 1 year, and may involve the death penalty if the sex crime results in death. The Florida sex crimes law defines allowable punishment for persons convicted of a sex crime, and the manner in which an incarcerated person may be treated.
Persons accused of sex crimes in Florida should be aware that the state favors and believes the victim’s story in most instances, and the accused becomes the victim. This is why a person accused of a sex crime has a better chance to fight against sex crime accusations if he acts quickly to engage the services of an experienced sex crimes attorney. There are defense steps that can help disprove accusations of a sex offense, but the suspect should not delay obtaining legal representation from the seasoned sex crime defense attorneys at Musca Law Firm.
Possible sex crime charges include the following basic categories:
- Sexual Battery (Rape)
- Lewd or Lascivious Battery
- Lewd or Lascivious Molestation
- Lewd or Lascivious Conduct
- Lewd or Lascivious Exhibition
There is a long list of sex crimes that are included in the above categories and subject to Florida law. Sex offenses against children or disabled persons carry stiff penalties and are included in recent legislation under 775.21 The Florida Sexual Predators Act. For more information about specific sex crimes, contact Musca Law Firm.
Defense against Sex Crimes
Grounds for defense against sexual battery include consent and false allegation. When you consult with a defense attorney skilled in sex crime defense methods, you have a much better chance against the accusers. Understand that law enforcement interviewers and others want only a conviction, and they are willing to use all the tools they have available to convict you of a sex crime.
The sex crime defense team at Musca Law Firm has attorneys with over 100 years combined experience fighting for clients accused of or charged with sex crimes. It is one area of law that requires special knowledge and tactics for success. Musca has offices in Tampa, Orlando, Jacksonville and Miami that serve Florida clients; they also work with defense attorneys nationwide. Call their toll-free number now or submit the website contact form if you have been questioned about a sex crime. Call our office now for a free consultation.
