Articles Posted in Sex Crimes

Young love can be a beautiful thing. Unless, of course, one of you is older than 18 and the other isn’t. Then, it could be a criminal thing. Statutory rape, to be exact. Florida Romeo & Juliet law

As our Fort Lauderdale criminal defense lawyers can explain, Florida does have a so-called “Romeo & Juliet law,” but it’s not a catch-all for every consensual relationship situation between legal adults and teenagers. It also won’t protect you from criminal charges or conviction. It’s merely a means for the defendant to petition the court not to have to register as a sex offender.

Prior to 2007, the law in Florida was that ANY sexual relations between a minor and someone over the age of 18 was statutory rape – regardless of consent. A conviction meant the older party in the relationship would automatically have to register as a sex offender – and suffer all the lifelong complications that come with that, including difficulty with employment, housing, parental rights, and more.

In 2007, an exemption was introduced – what we refer to as the “Romeo & Juliet law,” codified in F.S. 943.0435.

What’s the Age of Consent in Florida?

First thing’s first: The age of consent for sexual relations in Florida is 18. Minors younger than that are by-and-large considered incapable of consenting to sexual activity.

There a few limited exceptions. Per F.S. 794.05, a minor who is 16 or 17 can consent to sexual intercourse with someone under the age of 24. In that case, no crime is committed. Same with consensual teen relationships between individuals 13 to 17 when there is no more than a 4-year age gap.

However, once the older half crosses the threshold of their 24th birthday, sexual intercourse with a 16 or 17-year-old becomes statutory rape, a second-degree felony punishable by up to 15 years in prison.

  • Scenarios that would be considered statutory rape under Florida law:
  • A sexual relationship between a 15-year-old and 18-year-old. (Second-degree felony.)
  • A sexual relationship with a 17-year-old and a 24-year-old. (Second-degree felony.)
  • A consensual sexual relationship between a 13-year-old and a 17-year-old. (Even though they’re both teenagers and it’s consensual, the older teen can be charged with lewd lascivious conduct if they’re 4+ years older than their younger paramour. It might literally come down to the month they were each born in. Though if that’s true, the defense might be in a stronger position to negotiate a dismissal or far reduced charge.)

If an adult travels to meet the minor for sex after making arrangements over the phone or internet, this is a second-degree felony – even if you never actually met up. If you’re 21-or-older and impregnant someone under 16, that’s a third-degree felony (contributing to the delinquency of a minor).

No one under 16 can consent to sex.

One (rare) exception is… Continue reading

An important part of an effective criminal defense strategy occurs in the discovery phase of the process, when both sides take depositions of witnesses. Depositions are sworn testimony given by witnesses out-of-court. Both prosecutors and defense lawyers use them to gather pertinent information about the case. They are set up in a question-and-answer format, typically with the witness, prosecutor, defense lawyer, and court reporter present. Witnesses are subpoenaed by the court, meaning they must appear and testify even if they don’t want to (though they may plead the Fifth to avoid self-incrimination). Not all information gleaned from the depositions will be allowed to be presented at trial (if the case gets that far), but it gives both sides a good idea of how witnesses will testify.

The idea is to evaluate witnesses, gather information, gain admissions, solidify trial testimony (“lock-in” witnesses to a certain version of events), identify theories and themes, and authenticate documents (such as police records and medical paperwork).  witness testimony

Recently, the Florida attorney general voiced support for proposed legislation that would prevent alleged victims in certain types of cases being compelled to testify in depositions. Offenses to which the rule would apply would include:

  • human trafficking
  • domestic violence,
  • aggravated cyberstalking
  • child custody offenses
  • human smuggling
  • lewd/lascivious offenses
  • child abuse
  • child neglect
  • traveling to meet a minor

According to a press release from the state attorney general’s office, SB 1208 and HB 1037 would “help prosecutors secure convictions” in human trafficking and other cases.

From the perspective of a Fort Lauderdale defense lawyer, this raises some alarm bells – specifically with regard to due process rights. Furthermore, the criminal justice system was not set up to make it easy to secure criminal convictions – for good reason. It was always intended that defendants would be presumed innocent until proven guilty by the highest proof standards. The Sixth Amendment guarantees those accused of a crime the right to confront witnesses against him/her in a criminal action. Shielding accusers in a criminal from lawful depositions by defense lawyers may potentially undercut this right.

What Does the Bill Propose?

Continue reading

In the experience of our Fort Lauderdale criminal defense lawyers, many parents are in the dark when it comes to Florida’s sexting laws. In fact, a fair number aren’t even aware of the definition, let alone that their teens may be engaging in it. Florida sexting defense

Sexting in general refers to the exchange of sexual content material via technological devices. It’s a term deriving from the words “sex” and text.” By some measures, approximately 1 in 5 teens have engaged in sexting. While males are more likely than females to engage in sexting, females are more likely to send nude photos of themselves. Most of these are to a boyfriend or girlfriend. But even minors could find themselves facing serious criminal charges in Florida for sexting. In some respects, it is treated as akin to child porn. Consequences can include prison time and requirements to register as a sex offender.

If you’re a parent of a teen, it’s imperative that you educate yourself on what sexting is, what the law says, and how your child can protect themselves from legal trouble.

Florida Sexting Law

Where two consenting adults are involved in sexting, there is no crime. (Consent, however, should be explicit from both sides. Additionally, be certain you know your partner’s true age, as you can be held responsible even if your partner lied about their age. Further, even if sending/receipt of such material between adults is consensual, it can cross the line into revenge porn – also known as sexual cyberharassment, per F.S. 784.049(3) – if the receiving party willfully and maliciously forwards material to third parties without the consent of the initial sender.)

Sexting is considered a serious crime when it involves:

  • Lack of one party’s consent.
  • A minor (under 18).

Specifically, F.S. 847.0141 prohibits explicit exchanges of photos, videos, voice notes, and sexual texts between two minors AND between an adult and a minor.

Minors can be charged with sexting if they use a cell phone, tablet, computer, or other electronic device to send nude videos or photos to another minor. The other minor possession of those images could be charged with sexting, but may defend against the charges if they:

  • Did not solicit/ask for the photo.
  • Did not forward to a third-party.
  • Took steps to report it (to a parent, school, or law enforcement authority).

Continue reading

Florida has one of the broadest public records laws in the nation, which means one of the most powerful bargaining chips Florida prosecutors have – particularly in sex offense cases – is shame. There are the initial mugshots, incident and arrest reports and identifying details all available for public release – and that’s even before a person is convicted.Fort Lauderdale criminal defense lawyer

Now, a new Florida law will have those arrested for misdemeanor prostitution solicitation in Florida facing additional public ridicule – with potential to even further impact one’s employment, housing, education and financial situation – not to mention personal relationships.

Those arrested in Florida for misdemeanor prostitution (often overlooked as a sex offense) may be tempted to simply plead guilty, pay the fine and enter a diversion and/or complete other requirements so they can quickly put it all behind them. That’s generally not advisable, but because of the potential long-term implications, Fort Lauderdale criminal defense attorneys especially warn against doing so until you’ve spoken with a a lawyer experienced in defense of prostitution solicitation crimes. Continue reading

In Florida, sex on the beach is typically understood as a cheeky, sugary cocktail with peach schnapps. It’s romanticized in a classic scene in the 1950s film, “From Here to Eternity.” However, having actual sex on a beach in Florida can land you in handcuffs (and not in a good way). As a Fort Lauderdale defense lawyer, it seems an important fact to address because locals and tourists alike continue to run afoul of public indecency and lewd lascivious laws – and prosecutors don’t seem intent to cut them any slack.criminal defense lawyer

Most recently, a married couple from Vermont vacationing on Sanibel Island were arrested by police, who had received complaints the pair were naked on the beach. Officers saw the woman naked in the water, summoned her over to them and gave her a towel. The husband walked up and asked why they could not be naked, as “we are all human.” Officers explained Sanibel is not a nude beach, and it’s against Florida law to be on a public beach with no clothing. Witnesses said they pair may have been having sex. The two were arrested on charges of indecent exposure. F.S. 800.03 states it is unlawful to exhibit one’s sexual organs in public (or on private premises so near as to be seen by those on public property) in a manner that is vulgar or indecent. It’s a first-degree misdemeanor, punishable by up to one year in jail. (Mothers breastfeeding babies does not count.)

Although these two were charged with a misdemeanor, Fort Lauderdale defense attorneys have seen prosecutors pursue felony charges for Florida sex on the beach. Continue reading

Fort Lauderdale criminal defense attorney clients accused of a felony crime – especially one as serious and morally fraught as a sex offense – have told us it feels like the whole world is coming to an end. The reality is arrest is just the beginning of the process. Evidence can be refuted. Witnesses may recant or not be credible. Criminal investigators may do a poor job. There may be lesser crimes to which one can plead that do not have the same stigma or penalty.criminal defense lawyer

Having an skilled criminal defense attorney is imperative. This person will be defending your integrity, your credibility and your civil right to due process and fairness. Because sexual crimes are among the most reviled (and the consequences so steep), it is extremely important that you work with a defense lawyer who has experience and a history of prevailing.

In the state of Florida, sexual battery is described in F.S. 749.011. It’s extensive and there are varying degrees of offense. For example, if you are 18-years-old or older and are accused of sexual battery on a person also older than 18 without that person’s consent, it’s considered a first-degree felony, which is punishable by up to 30 years in prison. However, if the defendant did not use physical force and violence likely to cause physical injury, it’s considered a second-degree felony, punishable by 15 years in prison. The offense can be aggravated by a number of circumstances, including the use of a firearm. Continue reading

The Broward County Sheriff’s Office has come under scrutiny after it was revealed a man arrested on charges of sexually assaulting a juvenile last year was charged earlier this month with armed kidnapping and sexual battery of another person in 2003. That case had remained cold for 15 years.criminal defense attorney

At the time, the woman reported to police she was walking on South State Road 7 one night in late December when an unknown man approached with a gun and threatened to shoot her if she struggled or made a scene. She then said the man forced her to a nearby car dealership and sexually assaulted her repeatedly inside a vehicle. The woman survived the attack, reported it to police and a rape kit was performed and submitted to the crime laboratory at the Broward County Sheriff’s Office. But nothing happened. Defendant has a lengthy criminal record and documents from the Hollywood Police Department show their agency received a crime lab report from Broward in 2006 indicating a routine search of their national DNA database had returned a possible lead in the 2003 case with this particular defendant. It’s unclear why neither agency followed up.

A 2014 audit of practices at the Hollywood Police Department, according to NBC Miami, revealed the agency had dozens of sexual assault evidence kits stowed away in a locked evidence room, rather than submitted to a crime laboratory. Once the audit was finished, two arrests were made in the two dozen cases that were reviewed. The chief reported at the time that he was establishing a special unit solely to handle rape kit analysis.  Continue reading

Comedian Bill Cosby’s conviction for aggravated indecent assault was born of a set of highly unique circumstances. It involved a civil case deposition that was previously sealed. It involved a high-profile defendant. It involved a previous agreement not to prosecute (one the Pennsylvania DA simply ignored). But perhaps one of the most important unique elements of this case is the testimony from previous victims. criminal defense

While the case isn’t likely to serve as an exact blue print for how we might expect future sexual assault investigations to go, but we could well see a difference in criminal defense lawyer strategies. Attitudes both inside and outside the courtroom toward accusers and alleged victims of sexual assault and harassment are changing in the er of #MeToo.

Take for instance the fact that when this case first went to trial, none of Cosby’s other accusers (and there are many) were allowed to testify because, as the court reasoned, those incidents had nothing to do with the specific accusations against the defendant in this incident. Andrea Constand accused the star of drugging and sexually assaulting her at his mansion in 2004. Constand is gay and was in a relationship with a woman at the time of the incident, despite Cosby’s insistence that this encounter – and several others prior – were consensual.  Continue reading

A county commissioner in his 70s has been immediately suspended by the governor following his arrest on multiple misdemeanors alleging prostitution. The commissioner, from Hernando County, reportedly wrote the governor and asked he be suspended effective July 17th – significant because that’s the day after which it would be too late to put his elected seat on the ballot this year. Gov. Rick Scott chose instead to remove him from the post right away.prostitution defense

The Miami Herald reports the commissioner was arrested for:

  • One count operating a location for the purposes of lewdness, assignation or prostitution;
  • Two counts purchasing services from a person engaged in prostitution.

Both of these are violations of different parts of F.S. 796.07, which prohibits prostitution and related acts. A first offense for any of this is considered a second-degree misdemeanor, punishable by up to 60 days in jail. But for many individuals, like this defendant, the problem is less about the jail time (though two months in jail could easily cost one his or her employment) or even the maximum $5,000 fine. The more troubling aspect is the permanent stain on his or her criminal record record. Continue reading

Being charged with a sex crime is much different than being charged with basically any other crime.  While some people will tend to assume you are guilty even if there has never been a trial, not everyone will believe so, and you are still presumed innocent unless and until you are found guilty in a court of law.

Broward Criminal DefenseHowever, when you are charged with a sex crime, especially with a complaining witness (alleged victim) who was a minor at the time of the alleged offense, everyone will act like you are a monster and assume you are guilty.  While you still have the same legal protections and are entitled to a presumption of innocence, it seems like all of that goes out the window in practical terms. Continue reading

Contact Information