Common Defense Strategies Utilized In Sex Crime Cases
If it is a sexual case where there are two adults, for the most part adults and consensual sex is not a crime, so one of the things to look for is was there consent. Was the consent ever withdrawn? There are individuals that have sexual contact with one another and then are ashamed or whatever their thought pattern is after the sexual contact and they churn it in their heads and suddenly they come up with an idea that they should not have done that. Then you get back to the alcohol and drug thing. Let us say you have somebody who had a little too much to drink and the next thing you know they are involved in a sexual encounter that they would never had done if they would have been sober.
Then it becomes very easy to point a finger and those are the things to look at as to whether or not it was a consensual sexual activity, whether or not the accused was even there. We had a case a number of years ago and they were accusing my client of being one of three men who were involved in a gang rape. He said, “I had seen them earlier in the evening and partied with them but I was not there when this young lady was attacked and they came back that the lady had three different, I think it was three different types of semen in her and on her, and none of it matched my client’s. So, there was the physical evidence that did not match up with what she was telling authorities that this actually happened.
So, that worked itself out. So, it is a question of finding out and finding all the evidence and not letting just the evidence that the state has gathered to be the sole determiner of what is out there. There may be witnesses that see or have heard things. There may be history that the state might not necessarily know about. That is why you have to gather information, dig around these cases and find out true motivations and exactly what the scenario may have been going in and why the accusations are being made now. Obviously, if you are dealing with a child, you cannot say that the child consented; you cannot say any of those things.
It is either, it never happened or may have happened with someone else and now this child is pointing a finger at me. There may be another abuser, it is not that person, and it ends up being someone else. Those things happen. I will give you a scenario. Mother gets remarried. There is a great deal of animosity between father and mother of the child and father may have the child on the weekends and has other people coming over to his home and something happens with that child and that child does not want to upset anyone, especially his parent, then makes a claim that the stepfather sexually molested him, this can happen. You have to see what the dynamics of the whole situation can be. Each case is a little bit the same and a little bit different, more or less depending on the actual circumstance.
Advice For Clients Charged With Sex Crimes In Florida
I tell them they have to be strong. Certainly, if these are false accusations, you have to trust that the individual that is fighting for you is going to unearth information and put together a defense to show the jury and ultimately the court that this is a completely false accusation and that is why you want someone that is experienced working in your corner.
Do Most People Know That They Will Be Arrested For A Sex Crime?
Sometimes they do. Sometimes it depends on the relationship between the alleged victim and the accused. If they are not in daily contact with one another, they would not necessarily know but certainly in familiar situations that are dysfunctional and have problems, a lot of individuals in those situations certainly surmise that something is going on.
Statute Of Limitations For Sex Crime Cases In Florida
It varies depending on the seriousness of the offenses. Some of them, the more serious ones, do not have a statute of limitations, at least in Florida.
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