Articles Posted in Sex Crimes

It is not uncommon for the prosecution to rely on circumstantial evidence to attempt to establish a defendant’s guilt in Florida sex crime cases. While both circumstantial evidence is admissible, the prosecution is generally precluded from introducing evidence of the defendant’s prior bad acts to demonstrate their guilt for their current charges. There are exceptions to the general rule, however, that will allow the courts to introduce evidence of child molestation and evidence of other crimes in sex crime cases, as discussed in a recent Florida opinion. If you are charged with a sex-related offense, it is prudent to meet with a Tampa sex crime defense lawyer about what defenses you may be able to set forth.

Procedural and Factual Background

It is reported that the defendant was charged with child pornography offenses. The defendant’s criminal history includes prior convictions, notably in 1998 for Criminal Sexual Conduct in the Fourth Degree in Michigan, a misdemeanor involving unlawful sexual contact, and Failure to Register as a Sex Offender in Michigan in 2000. Furthermore, in 2003, the defendant was indicted for and later convicted of possessing child pornography. Prior to his trial, he filed a Motion in Limine to preclude the introduction of evidence regarding his prior convictions, including his child pornography conviction, which the Government opposed.

Admissibility of Evidence Regarding Prior Crimes

The court ultimately denied the defendant’s motion. Prior to doing so, it considered whether the evidence of the defendant’s 2004 conviction for possession of child pornography was admissible. The Government argued that this evidence could be introduced under Federal Rule of Evidence 414 (permitting evidence of child molestation) and Federal Rule of Evidence 404(b) (allowing evidence of other crimes or acts for specific purposes). Rule 414 defines “child molestation” to include any acts prohibited by 18 U.S.C. Chapter 110, which includes possession and distribution of child pornography. Continue Reading ›

In Florida sex crime cases, the defendant’s guilt or innocence often hinges on how the jury perceives circumstantial evidence and the credibility of the witnesses. For example, a defendant may testify that they engaged in prior consensual activity with the victim in support of the argument that the acts in question were consensual. If a defendant is prohibited from testifying regarding such activity, then it may inhibit their ability to present a defense, as discussed in a recent Florida case.  If you are charged with a sex offense, it is in your best interest to meet with a Tampa sex crime defense attorney to discuss what arguments you may be able to assert in your defense.

Factual and Procedural Background

It is reported that the defendant was charged with sexual battery and trespass. The charges stemmed from an incident where the defendant allegedly entered the victim’s residence during the night, sexually assaulted her, and then left. The victim initially believed it was her boyfriend but later realized it was not. DNA evidence linked the defendant to the crime.

Allegedly, at trial, the defendant attempted to assert the defense that the sexual encounter was consensual. He claimed that he had previously engaged in consensual sexual activity with the victim on two occasions in exchange for drugs. However, the trial court prohibited him from testifying about these prior encounters. The jury convicted the defendant, and he was sentenced to ten years in prison. He appealed, arguing the trial court erred in barring him from testifying regarding prior consensual sexual activity with the alleged victim. Continue Reading ›

Generally, Florida law dictates that crimes must be prosecuted within a certain amount of time. Thus, if the state fails to prosecute a person for an offense within the statute of limitations, it may waive the right to do so. Some offenses can be prosecuted at any time, however, as explained in a recent Florida ruling issued in a sexual battery case. If you are charged with sexual battery or any other sex crime, it is important to understand your rights, and you should meet with a Tampa sex crime defense lawyer promptly.

History of the Case

It is reported that in January 2010, a 15-year-old girl reported to the police that a man with the same name as the defendant gave her alcohol and then raped her. She was transported to a medical facility where a vaginal swab was obtained using a sexual assault kit. Approximately three months later, Florida law enforcement determined that DNA obtained from the vaginal swab belonged to the appellant. He was arrested in March 2019 and charged with sexual battery. He was convicted, after which he moved to vacate his conviction on the grounds that the statute of limitations expired on the sexual battery offense. The court denied his motion, and he appealed.

State and federal governments have the authority to issue punishments for criminal offenses. They cannot do so in a manner that is deemed unusual or cruel, however. As such, if a criminal defendant believes a sentence violates their Eighth Amendment rights against unusual and cruel punishment, they may be able to successfully argue that it should be vacated. Recently, a Florida court discussed what constitutes an unjust sentence in an opinion issued in a sex crime case. If you were charged with a sex offense, it is smart to meet with a dedicated Tampa sex crime defense lawyer to assess your rights.

The Facts of the Case

It is reported that the defendant was charged with three counts of possessing and producing child pornography. He pleaded guilty to two of the charges in exchange for dismissal of the third. The defendant’s plea agreement advised he faced a sentence of between 15 and 30 years imprisonment in total, followed by a term of supervised release from five years to life.

Allegedly, the defendant requested a sentence of 240 months imprisonment based on his history of PTSD, his childhood sexual abuse, and his service as a police officer and in the military. The court sentenced him to a total of 480 months imprisonment,  however, followed by supervised release for the remainder of his life. He appealed, arguing that his sentence constituted a unusual and cruel punishment in violation of his Eighth Amendment rights. Continue Reading ›

Under Florida law, there are many crimes that can be committed in multiple ways. In such instances, the prosecution only has to prove that the defendant engaged in the behavior set forth in one method to obtain a conviction. This was demonstrated in a recent ruling issued by a Florida court, in which it affirmed the defendant’s conviction for lewd and lascivious battery. If you are faced with accusations that you committed a sex crime, it is smart to hire a skilled Tampa sex crime defense attorney to help you formulate compelling arguments.

The Facts of the Case

It is alleged that the defendant was charged with three counts of sexual battery on an individual under twelve years old. The grounds for the charges were acts that occurred in 2002, involving the defendant’s then nine year old daughter. Following a trial, the jury convicted the defendant of lewd and lascivious battery, a lesser included offense. He appealed on numerous grounds, including the arguments that he could not be convicted of an uncharged offense and that the prosecution failed to establish the elements of the offense beyond a reasonable doubt, rendering his conviction improper. The appellate court rejected his arguments and affirmed his conviction.

Elements of Lewd and Lascivious Battery

The appellate court explained that lewd and lascivious battery is a permissive lesser included offense of the crime of sexual battery. Jury instructions regarding permissive lesser included offenses are appropriate and permissible if the allegations of the greater offense contain each of the elements of the lesser offense, and the evidence offered at trial would support a verdict on the lesser offense. Continue Reading ›

In some criminal matters, the State has little or no direct evidence. Instead, the State’s case against the defendant will be dependent on circumstantial evidence. While circumstantial evidence is frequently accepted, hearsay evidence is not. As a result, a conviction based on hearsay evidence may be subject to reversal, as indicated by a recent Florida judgement in a case where the defendant was convicted of multiple counts of possessing child pornography. If you are suspected of possessing child pornography or any other offense, you should consult with an experienced Florida criminal defense attorney to determine your legal options.

The Trial of the Defendant

It is alleged that the defendant was detained and charged with 300 counts of having child pornography. A search warrant was used to gather evidence from his personal computer, which led to his arrest. Hash values are used to detect pornographic photographs of children that are stored in a national database, according to the digital forensic technician who analyzed his device at his trial. Three hundred pornographic images of minors were discovered on the defendant’s computer using this technology.

The digital forensic technician allegedly stated that he was able to identify the majority of the photographs as child pornography without using the hash values assigned to them, but that he couldn’t tell if the person depicted in one image was a child. Nonetheless, the State charged the defendant based on his opinion that a hash value applied to the photograph identified it as child pornography. After being found guilty on all three hundred counts, the defendant filed an appeal, claiming that his conviction was founded on a hearsay testimony that the photograph in question was pornographic. Continue Reading ›