Sex Offenses

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Remember, the State must prove beyond a reasonable doubt that the accused committed the crime they are accused of; therefore, you need a legal team by your side to represent you that’s going to question all facets of your case to poke holes and ultimately create doubt. Our law firm questions everything from the initial investigation, all the way up until the conclusion of the case—and the more doubt found or created, the more favorable the result, generally speaking. The following are some defenses—or mitigating factors—to a sexual battery charge:

  • Consent
    • One of the primary defenses to a sexy battery charge.
    • Consent is interpreted as intelligent, knowing, and voluntary consent and does not include coerced submission.
    • It is not deemed or construed to mean the failure by the alleged victim to offer physical resistance to the defendant.
    • If the victim is mentally incapacitated and unable to give consent because he or she is in a coma or passed out from drugs or alcohol, and the defendant commits the act on that person, then the offender could be convicted of sexual battery.
    • Failure of the alleged victim to show physical resistance is not construed as consent—it’s merely something the jury may consider when ascertaining whether the sexual encounter was consensual or forced.
  • False Allegations
    • Common in the state of Florida and a major defense to sexual battery charges.
    • There are numerous reasons why people find themselves accused of sexual battery, including, but not limited to, jealousy, disgruntled ex, marital infidelity reasons, manipulation of a child by a resentful parent, among others.
  • Challenge the accuser’s motives
  • Sloppy police investigation;
    • Why wasn’t the accused questioned on scene?
    • If the accused wasn’t questioned on scene, why didn’t law enforcement follow up with questioning to get his or her side of the story?
    • Did law enforcement try corroborating the alleged victim’s allegations?
    • Was DNA evidence obtained or acquired?
    • Was any other physical evidence from the scene found, searched for, or tested?
    • Did law enforcement have a warrant to search?
  • Lack of controlled phone call
    • Why didn’t law enforcement try to execute a controlled phone call to see if the accused would make any admissions or incriminating statements?
  • Lack of DNA evidence
  • Lack of admission or incriminating statements
    • A lot of these cases are “he said/she said” cases, so without a recorded or written admission it makes proving the case more difficult.
  • Among various other mitigating factors and defenses, including pre-trial and trial defenses.
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