Articles Posted in Sex Crimes

In criminal cases, the prosecution is prohibited from introducing certain evidence. This includes evidence, like hearsay, that violates a defendant’s right to confront their accuser. There are exceptions to the general rule against hearsay, though, that will allow the prosecution to admit out of court statements. For example, the child victim rule generally permits prosecutors to offer statements by minors who are victims of crimes, as long as such statements are reliable, as explained in a recent ruling issued in a Florida sex crime case. If you are charged with committing a sex offense, it is in your best interest to speak to a Clearwater sex crime lawyer to determine what measures you can take to protect your rights.

Factual and Procedural Setting

It is reported that the defendant was charged with sexual battery of the victim, who was a child under twelve, and lewd or lascivious molestation of the same victim. The state sought to introduce similar fact evidence of other crimes, specifically the sexual assault of a thirteen-year-old, and child hearsay evidence regarding text messages and interviews involving the other child.

Allegedly, the defendant objected to the admissibility of the statements, arguing they failed to meet legal criteria and were prejudicial. The trial court overruled the objections. Following a trial, a jury found the defendant guilty on both counts. He appealed, arguing that the child hearsay statements were inadmissible because the child was not the victim named in the charging document.

Generally, the law precludes Florida courts from introducing evidence of a defendant’s prior misdeeds in order to establish their guilt. They can offer such evidence to the judge or jury for other reasons, though, as long as it does not become a central feature of the case. In a recent Florida opinion, the court discussed the factors that weigh into whether evidence of prior bad behavior should be admitted at trial in a sexual battery case in which it ultimately denied the defendant’s appeal. If you are accused of committing a sex crime, it is smart to confer with a Clearwater sex crime defense attorney about your rights.

The Facts of the Case

It is alleged that the state charged the defendant with sexual battery of a child under the age of 12. During the trial, the prosecution presented witnesses who testified that the defendant sexually abused them when they were between 6 and 8 years old, which was similar to his alleged sexual abuse of the victim in the subject case. The jury convicted the defendant. The defendant then filed an appeal.

Admission of Prior Bad Act Evidence

On appeal, the defendant argued that the trial court erred in permitting the prosecution to introduce evidence of his prior wrongs or acts of child molestation. The court disagreed and affirmed the trial court ruling. In doing so, the court explained that although some of the prior bad acts happened several years before the subject offense, that is merely one factor for the courts to consider when weighing whether to admit such evidence.

The Fourth Amendment of the United States Constitution protects people against unreasonable search and seizure. In other words, absent a warrant, they cannot be searched, and their property cannot be taken by the police as part of a criminal investigation. There are exceptions, though, including border searches. Recently, a Florida court examined a traveler’s constitutional right to be free from searches in a case where the defendant was charged with numerous sex crimes after his phone was taken upon his entry into Florida. If you are accused of a sex offense, it is in your best interest to speak to a  Clearwater sex crime defense lawyer about what measures you can take to protect your rights.

Facts of the Case

It is reported that the defendant returned to Florida after an international cruise. One week prior, the Coast Guard contacted border patrol to inform them that the defendant was the target of a human trafficking investigation. When the defendant arrived at the port, he was detained by border patrol, and his phone was seized and sent to a Homeland Security office, where data was extracted from it and it was analyzed.

Allegedly, about two months later, the police obtained a warrant to search the defendant, largely relying on the information taken from his phone. The defendant was ultimately arrested and charged with ten crimes, including sex trafficking, fraud, and coercion. He moved to suppress the evidence obtained from his phone, arguing that the seizure and search happened without probable cause, a warrant, or exigent circumstances.

While people often think that they would mount a vigorous defense if they were charged with a crime, in some cases, it makes sense to enter a no contest or guilty plea. Typically, it is difficult to overturn a conviction after pleading no contest, but there are exceptions. For example, as discussed in a recent ruling issued by a Florida court in a case in which the defendant appealed his conviction for failing to register as a sex offender, a person cannot be found guilty of an offense they did not commit, regardless of their plea. If you are charged with a sex crime, it is in your best interest to meet with a dedicated Clearwater sex crime defense lawyer to discuss your options.

The History of the Case

It is reported that the defendant was charged with failing to register as a sex predator in accordance with Florida law and failing to report that he vacated his permanent residence. He entered a no contest plea, after which he was convicted and sentenced. He subsequently appealed. The appellate court ultimately found in his favor as to the sex predator charge and reversed his conviction.

Overturning a Conviction Following a No Contest Plea

On appeal, the court noted that the error committed by the trial court was clear. Specifically, the defendant entered a plea of no contest to a crime he did not commit. The appellate court explained that the defendant was never designated as a sexual predator. Therefore, in accordance with Florida law, he had no duty to register as a sex predator.

Under Florida law, it is illegal to engage in sexual activity with someone without their consent, and such behavior can result in sexual battery charges. Notably, affirmative refusals are not required to demonstrate a lack of consent; instead, it can be established by showing a person lacked the capacity to consent at the time the acts occurred due to intoxication. Recently, a Florida appellate court explained what evidence is needed to establish that a person’s inebriation prevented them from consenting to sexual contact, in a ruling in which it denied the defendant’s motion for a rehearing in a sexual battery case. If you are accused of a sex crime, it is in your best interest to meet with a dedicated Florida sex crime defense lawyer as soon as possible.

The Alleged Assault

It is reported that the victim and her friend consumed alcohol at the victim’s apartment before traveling to a bar. They consumed several more drinks at the bar, and then the victim became lightheaded. She subsequently fell off a barstool and struck her head, after which she was asked to leave.

Allegedly, the defendant, who drove for a ride-sharing company, picked up the victim and her friend and transported them back to the victim’s apartment. The victim had difficulty getting out of the vehicle and then laid on the sidewalk. The defendant helped the victim and the friend into the victim’s apartment. Once they were inside, the defendant engaged in sexual contact with the victim. The victim was reportedly unconscious and did not recall what happened but contacted the police the following day.