Federal Defense Lawyer FL Doral Federal Crime Attorney Sex Offense Lawyer Doral

Doral Sex Crimes Lawyer

Expert representation for the toughest federal and state charges

Sex crimes cases tend to put the entire community on alert. Because most sex offenses don’t have witnesses, identifying the offender can be challenging. For people who are wrongfully accused of a sex offense, the suspicions may follow the person around for years even after the suspicions have been proven false. Anyone who has been accused of a sex offense should immediately contact a Doral sex crimes defense attorney.

Joffe Law has defended and advocated for the wrongfully accused for more than 35 years. Our Florida law firm represents people who are under investigation or facing criminal charges for a sex crime in Doral and surrounding areas. We can also help defendants who have been convicted of a sex crime file an appeal or pursue other options for post-conviction relief.

Federal vs. state sex crimes charges

In most cases, sex crimes are state charges. However, there are certain situations in which a sex crime can automatically become a federal matter. Some of those situations are:

cases in which there is activity that occurs in the stream of interstate or international commerce
cases in which there is activity that occurs on federal government property
cases that involve a federal government employee or official
cases in which there is activity that occurs at a federal facility

While it may seem less uncommon for a sex crimes case to involve interstate or international commerce, federal courts often interpret the phrase “interstate or international commerce” very generously. For example, a federal court may find that a sex offense that takes place at a hotel occurs within the stream of interstate commerce because hotels are inherently designed to accommodate people from multiple states. Federal sex crimes cases have more severe sentencing guidelines. Therefore, if convicted under federal law, a defendant may be sentenced to a longer prison sentence. In some cases, federal mandatory minimum sentencing guidelines may apply.

Federal rape and sexual assault laws

In understanding how sex crimes are charged under state and federal law, it is important to learn that every jurisdiction uses its own terms to describe specific sex offenses. Federal law generally describes the offenses of rape and sexual assault as “sex abuse.”

RAPE UNDER FEDERAL LAW

Federal law describes several actions that meet the definition of rape. An individual may be convicted for rape in a federal court if he or she commits a sexual act upon someone else by doing any of the following:

using unlawful force against the victim
using force causing or likely to cause death or grievous bodily harm to any person
threatening or placing the victim in fear that any person will be subjected to death, grievous bodily harm, or kidnapping
first rendering the victim unconscious
administering by force or threat of force or without the knowledge or consent of the victim any drug, intoxicant, or a similar substance and thereby substantially impairing the ability of the victim to appraise or control conduct

SEXUAL ASSAULT UNDER FEDERAL LAW

At first glance, the federal law definitions of rape and sexual assault may appear to be identical. However, the key difference between the two is the use of force or a threat. Where the definition of rape involves an element of violence, force, or a threat to do violence, the definition of sexual assault focuses more on deception and the victim’s mental state. A defendant may be convicted for sexual assault under federal law if he or she:

commits a sexual act on the victim by threatening or placing the victim in fear
commits a sexual act on the victim by making a fraudulent representation that the sexual act serves a professional purpose
commits a sexual act on the victim by inducing a belief by any artifice, pretense, or concealment that the perpetrator is another person
commits a sexual act on the victim by engaging in a sexual act with the victim without the victim’s consent
commits a sexual act on the victim when the defendant knows or should know that the victim is asleep, unconscious, or otherwise unaware that the sex act is occurring
commits a sexual act on the victim when the victim is incapable of consenting because the victim is impaired by any drug, intoxicant, or similar substance, and the victim’s condition is known or reasonably should have been known by the defendant.
commits a sexual act on the victim when he victim is incapable of consenting due to a mental condition or physical disability and the defendant knew or had reason to know of the condition

Just Arrested in Doral?

Do not say anything that might incriminate you. Speak with an attorney first.

Aggravated sexual contact

Federal law draws a distinction between a sexual act and sexual contact. The federal law definitions of both rape and sexual assault require prosecutors to prove a sexual act took place. Under federal law, a sexual act entails any of the following:

penetration of the male sex organ into the mouth, vulva, or anus of someone else
contact between the mouth and the penis, vulva, scrotum, or anus
any degree of penetration of the vulva, penis, or anus by any part of the body or by any object with an intent to abuse, humiliate, harass, or degrade any person or to arouse or gratify the sexual desires of any person

In contrast to federal sexual contact and rape charges, a federal charge of aggravated sexual contact requires the federal prosecutor to prove sexual contact took place. Federal law defines sexual contact as touching or causing someone else to touch the vulva, penis, scrotum, anus, groin, breast, inner thigh, or buttocks of any person. Prosecutors must prove the defendant had the intent to abuse, humiliate, harass, or degrade any person or to arouse or gratify the sexual desires of any person. Touching that occurs through clothing qualifies as sexual conduct, and the contact may be accomplished through touching with any part of the body.

A defendant may be convicted for aggravated sexual contact if he or she commits or causes sexual contact upon or by another person if the touching would violate the sexual assault or rape law if the contact had been a sexual act. Otherwise stated, sexual contact occurs when a defendant touches or causes someone else to touch the victim in the same areas that are elements in a federal rape charge, but the manner of contact does not meet the definition of rape. For example, a defendant may be convicted on a charge of aggravated sexual contact if the defendant threatened the victim with violence and touched the victim’s genitals with his or her hand, but no penetration took place.

Federal abusive contact charge

Similar to aggravated sexual contact, federal abusive contact also requires prosecutors to prove sexual contact occurred. A defendant may be convicted for federal abusive contact if he or she commits or causes sexual contact upon or by someone else if the contact would violate the federal sexual assault law if the manner of contact would have met the federal definition sexual assault. For example, a defendant who sexually harassed a federal employee by claiming the employee would be fired for refusing the defendant’s frequent attempts at touching the employees buttocks through a layer of clothing may be convicted for abusive contact.

Doral Florida sex crimes charges

Each state has its own set of sex crimes laws. Florida’s legal code has several comprehensive chapters that address sex crimes in great detail. Therefore, prosecutors have an extensive arsenal of charges from which to choose when someone is accused of a sex offense. Unlike federal law, Florida’s statutes do not specifically contain a section that defines rape. Instead, Florida law refers to the offense most people would recognize to be rape as “sexual battery.”

FLORIDA SEXUAL BATTERY LAWS

Unlike the federal definition of rape, Florida law does not specify force, violence, or deception in the standard definition of sexual battery. Instead, those elements are aggravating factors that can enhance sentencing if a defendant is convicted for sexual battery. State law specifies three definitions of sexual battery:

oral, anal, or female genital penetration by the sex organ of another
oral, anal, or female genital union with the sex organ of another
anal or female penetration by any object

In contrast to the federal rape and sex abuse laws, which require proof of the use of force, the victim’s compromised physical or mental state, or deception, Florida’s sexual battery laws are based on the lack of consent. Prosecutors are not required to prove lack of consent in cases in which the victim is less than 16 years of age. In the interest of protecting children, state courts operate on the presumption that minors who are younger than 16 are legally unable to consent to conduct that otherwise meets the definition of sexual battery.

The penalties for sexual battery depend on the age of the victim, age of the offender, and whether any aggravating circumstances were present at the time of the offense. Depending on the individual factors of the case, sexual battery can be a third-degree state level felony or a life felony with a maximum sentence of life in state prison. In certain instances, sexual battery can be a capital offense under Florida law.

SEXUAL BATTERY WHEN THE DEFENDANT AND THE VICTIM ARE LEGALLY ADULTS

Defendants who are 18 or older are generally charged with a federal offense in sexual battery cases. Florida law distinguishes between adult and minor sexual battery defendants. Minors who are convicted for sexual battery are usually sentenced based on a slightly downgraded version of the charge. For example, a standard sexual battery charge is a first-degree felony offense if the defendant and the victim are both at least 18. However, a minor would most likely be charged with a second-degree felony under the same circumstances. Therefore, if the minor is convicted, the maximum sentence would be reduced to that of a second-degree felony charge.

SEXUAL BATTERY OFFENSES AGAINST MINORS

Florida penalizes sexual assault cases that involve minor victims more severely. The law also clearly delineates between minors who are under 16 years of age and minors who are under 12. Minors who are under 12 are referred to as prepubescent victims.

The use of a deadly weapon or physical force likely to cause personal injury against any victim who is 12 or older is a felony offense that carries a maximum sentence of life in prison. Defendants who are 18 or older and commit an act of sexual battery against a victim who is 12 years of age or older, but younger than 18 may also be sentenced to a maximum of life in state prison. If the defendant is under 18 at the time of the offense, sexual battery against a victim who is at least 12 but younger than 18 is a first-degree felony with a maximum sentence of 30 years in prison.

There are certain aggravating factors that can allow Florida courts to enhance a standard sexual assault charge from a first-degree felony with a maximum sentence of 30 years to a life felony. A Florida court may enhance sentencing if the following factors are present in a defendant’s case:

the victim was helpless to resist
the defendant coerced the defendant by threatening to comply by threatening to retaliate against the victim or any other person and the victim reasonably believes the defendant can execute the threat
the defendant, without the prior knowledge of the victim, administers or has knowledge of someone else administering a narcotic, anesthetic, or any other intoxicant or similar substance to that physically or mentally incapacitated the victim
the victim has a mental health condition, and the offender has reason to believe the victim has a condition or has actual knowledge of the condition
the victim is physically incapacitated
the defendant is a law enforcement officer, correctional officer, correctional probation officer, elected official, or anyone else who is in a position of authority

Florida’s sexual battery statutes also contain a provision that allows prosecutors to charge people who cause or encourage younger family members to engage in sexual battery against someone else. State law prohibits adults who are in a position of familiar authority or custodial authority from soliciting a younger relative to commit sexual battery or participating in an act of sexual battery the younger person is committing.

Florida’s lewd or lascivious laws

Florida prosecutes offenses that are most similar to child molestation under the state’s lewd and lascivious laws. The phrase “lewd or lascivious” is a legal term that describes sexually immoral intent or conduct.

LEWD OR LASCIVIOUS BATTERY CHARGES

State law defines lewd or lascivious battery as engaging sexual activity with anyone who is 12 years of age or older but younger than 16 years of age. The act of encouraging, forcing, or enticing anyone who is under the age of 16 to participate in any sexual activity, including bestiality, sadomasochistic abuse, and prostitution. Lewd or lascivious battery is generally a second-degree felony, which carries a maximum sentence of 15 years in prison and a fine of up to $10,000. If the defendant is 18 or over, lewd or lascivious battery if he or she has one or more prior convictions for a similar offense.

LEWD OR LASCIVIOUS MOLESTATION CASES IN SOUTH FLORIDA

A defendant may be convicted for lewd or lascivious molestation if he or she touches a minor who is younger than 16 on the breasts, genitals, genital area, or buttocks, in a lewd or lascivious manner, without regard to whether the area is covered by clothing. The act of a perpetrator forcing or inducing someone who is under 16 years of age to touch the perpetrator is also lewd or lascivious molestation. If a defendant who is 18 or older commits lewd or lascivious molestation against a minor who is less than 12 years of age, the offense is a life felony. If a defendant who is 18 or older has a prior conviction for a similar offense against a victim who is at least 12 but younger than 18, the offense is a first-degree felony.

Lewd or lascivious molestation is a second-degree felony if the defendant is 18 or older and the victim is at least 12 but under 18 years of age or if the defendant is under 18 years old and the victim is younger than 12. If convicted, the defendant may be sentenced to up to `15 years in prison and ordered to pay a fine of up to $10,000.

LEWD OR LASCIVIOUS CONDUCT

Lewd or lascivious conduct is defined as the act of touching someone who is under 16 years of age in a lewd or lascivious manner or soliciting someone who is under 16 to commit a lewd or lascivious act. Lewd or lascivious conduct cases in which the defendant is 18 are second degree felony cases. If convicted, the defendant may be sentenced to up to 15 years in prison and ordered to pay a fine of up to $10,000. If the defendant is under 18, lewd or lascivious conduct is a third-degree felony offense. If convicted, the defendant may be sentenced to up to five years in prison and ordered to pay a fine of up to $5,000.

LEWD OR LASCIVIOUS EXHIBITION

Doral residents should exercise caution when it comes to lewd or lascivious exhibition. In Florida, engaging in certain activities if a minor is present or able to observe your behavior can result in you being charged with a sex crime.

Lewd or lascivious exhibition is defined as the act of intentionally masturbating, exposing the genitals in a lewd or lascivious manner, or committing any sexual act that does not involve directly touching the victim. Examples of sexual conduct include, but are not limited to bestiality, sadomasochistic abuse, and simulation of any sex act. The law prohibits engaging in lewd or lascivious conduct in the presence of anyone who is under 16. If the offender is 18 or older, lewd or lascivious exhibition is a second-degree felony. If the offender is younger than 18, the offense is a third-degree felony.

Because the lewd or lascivious exhibition statute is written very generally, engaging in sexual activity, walking near a window while disrobed, or making any obscene gesture that simulates a sex act can be a criminal offense if you are aware that a minor is present. We recommend always being aware of who is present in your surroundings before engaging in conduct that is only appropriate for adults.

STATUTORY RAPE LAW IN FLORIDA

Florida’s take on a statutory rape law is complicated. Officially, the age of consent in the state is 18. However, the state legislature enacted what is generally referred to as a “Romeo and Juliet” law that carves out an exception under certain circumstances. An exception to the statutory rape law may be applicable in a case if:

the minor is between the ages of 14 and 17
the older party is no more than 1,460 days or four years older than the minor
the minor consented to the sexual activity
the older party has no history of sex offense

The state’s Romeo and Juliet law does not protect people who are over the age of 18 who engage sexually with someone who is younger than 18 from criminal prosecution and conviction. Instead, the Romeo and Juliet law may potentially remove the requirement for the defendant to register as a sex offender if convicted for engaging in sexual activity with a minor.

Sex crimes defense attorney in Doral

An accusation of a sex crime is a serious matter. You need a Doral criminal defense lawyer who is even more serious. Joffe Law is South Florida’s trusted sex crimes defense attorney. Contact our talented team of legal professionals today to learn more or to receive a professional case evaluation.