Federal Defense Attorney Federal Defense Attorney Southwest Ranches Sex Crimes Attorney Southwest Ranches

Southwest Ranches Sex Crime Lawyer

We specialize in defending state & federal crimes

Sex crimes cause communities to be fearful and can devastate the victim and the victim’s family. In many cases, the police do not immediately know who committed a sex offense against the victim. Therefore, police investigations may focus on several persons of interest before narrowing in on the offender. For people who are accused but were uninvolved in the sex crime, the scrutiny does not always stop when the offender is identified. If you are under investigation for a sex crime in Southwest Ranches FL, Joffe Law can help you navigate the investigation process. Retaining legal counsel as early as possible in a sex crimes investigation can better position you to clear your name and protect your reputation.

Accused of a sex crime in Southwest Ranches FL

False sex crimes accusations can happen in several ways. People who are engaged in a heated family court battle may be falsely accused if the case turns malicious. Mistaken identity can occur if the victim was unconscious during or after the attack or is otherwise unable to identify the offender. In some cases, the accused party may have an enemy who threatens to make a sex crimes claim as part of a scheme to blackmail the accused. There are also cases in which someone who has a known mental illness makes a false statement about a sex crime. Sex crimes are serious offenses that should always be investigated thoroughly. However, while law enforcement agencies conduct their investigation, the accused needs the help of a skilled and experienced sex crimes defense attorney.

Federal rape and sexual assault charges

Sex charges can be state or federal offenses. In some cases, the defendant may be charged in both state and federal court for charges that arise out of a single incident. Each jurisdiction determines the terms it will use to describe, classify, and define different sex offenses in their respective statutes.

FEDERAL RAPE LAW

Federal law specifies five distinctive definitions of rape. A defendant may be convicted on a federal rape charge if he or she commits a sexual act against another person by doing any of the following:

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

The federal law definition of rape is based on the offender’s use of unlawful force or force that is likely to cause serious bodily injury, a threat to cause serious harm or death to someone, or the defendant causing the victim to become intoxicated or unconscious. These points are important in determining the difference between rape and sexual assault under federal law.

SEXUAL ASSAULT UNDER FEDERAL LAW

Sexual assault and rape are terms that are often used interchangeably. However, in federal court the two terms have a few key differences. Under federal law, a defendant may be convicted for sexual assault if he or she:

commits a sexual act upon someone else by threatening or placing the other person in fear
commits a sexual act upon someone else by making a fraudulent representation that the sexual act serves a professional purpose
commits a sexual act upon someone else without consent
commits a sexual act upon someone else when the defendant knows or reasonably should know that the other person is asleep, unconscious, or otherwise unaware that the sexual act is occurring
commits a sexual act upon someone else when the other party is incapable of consenting to the sexual act due to impairment by any drug, intoxicant, or other similar substance, and that condition is known or reasonably should be known by the defendant
commits a sexual act upon someone else when the other party is incapable of consenting to the sexual act due to a mental disease or disorder or physical disability and that condition is known or reasonably should be known by the defendant

Unlike the federal rape law, federal sexual assault does not require a federal prosecutor to prove the extent to which the defendant threatened. Federal sexual assault cases are based on the defendant’s use of a threat that caused the victim to experience general fear, the use of fraud, the victim’s preexisting mental state, or the lack of the victim’s consent.

AGGRAVATED SEXUAL CONTACT AND ABUSIVE SEXUAL CONTACT

Where federal rape and sexual assault charges are based on a sexual act, aggravated sexual contact and abusive sexual contact are based on sexual contact. Federal law defines a sexual act as any of the following:

any level of penetration by a male sex organ into the female sex organ, anus, or mouth
contact between the mouth and the male sex organ, female sex organ, scrotum, or anus
any level of penetration of the female sex organ, male sex organ, or anus of another person by any body part or object with the intent to harass, annoy, degrade, abuse, humiliate, or gratify the desire of any person

In contrast, sexual contact does not require penetration or contact between the mouth and sex organs or anus. Federal law defines sexual contact as touching or causing another person to touch, either directly or through clothing, the vulva, penis, anus, scrotum, groin, breast, inner thigh, or buttocks of any person with the intent to abuse, humiliate, harass, or degrade any person or to arouse the sexual desire of any person. The sexual contact statute includes contact that is accomplished with any part of the body or by an object.

Arrested in Southwest Ranches?

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Aggravated sexual contact occurs when an individual commits or causes sexual contact upon or by another person in a manner that would meet the definition of rape if the sexual contact had instead been a sexual act. Abusive contact occurs when an individual commits or causes sexual contact upon or by another person in a manner that would meet the definition of sexual assault if the contact had instead been a sexual act.

Southwest Ranches FL sexual battery cases

Florida’s sex crime statutes do not specifically reference the word “rape.” Instead, the state prosecutes rape cases under the sexual battery statute. Sexual battery is defined by state law similarly to the way federal law defines rape and sexual battery. However, a standard sexual battery charge does not require the use of force, deception, the victim’s intoxicated or disordered mental state, or a threat. Florida’s sexual battery law is based primarily on the lack of the victim’s consent.

SEXUAL BATTERY CHARGES FOR ADULT DEFENDANTS

A standard sexual battery charge is absent of aggravating circumstances. Florida also refers to minors who are younger than 12 years old as pre-pubescent minors. Cases that involve pre-pubescent minors carry more severe penalties than cases that involve minors who are at least 12 years of age. Factors that increase the severity of sentencing in Florida sexual battery cases include:

the use of force
a minor defendant
prior conviction for a sex crime
other aggravating circumstances that affected the victim

Florida sexual battery cases in which the offender and the victim are at least 18 years of age are second degree felony cases if no aggravating circumstances are present. If a court convicts the defendant, he or she may be sentenced to a maximum of 15 years in prison and a fine of up to $10,000. A standard sexual assault charge becomes a first-degree felony if the defendant has one or more prior convictions for sexual battery.

If the defendant is 18 years of age or older and the victim is a minor who is at least 12 years of age but younger than 18, the offense is a first-degree felony, which carries a maximum sentence of up to 30 years in prison and a fine of up to $10,000. Sexual battery is a first-degree felony with a maximum sentence of life in prison if the victim is 12 year of age or older but younger than 18 years old and:

the victim is helpless to resist
the offender coerces the victim to comply by threatening to use force or violence that is likely to cause personal injury on the victim and the victim reasonably believes that the offender has the present ability to execute the threat
the offender coerces the victim to comply by threatening to retaliate against the victim or any other person and the victim reasonably believes the offender has the ability to execute the threat in the future
the offender, without the prior knowledge or consent of the victim, administers or has knowledge of someone else administering to the victim any narcotic, anesthetic, or other intoxicating substance that mentally or physically incapacitates the victim
the victim has a mental disorder, and the offender has reason to believe the victim has a mental disorder or has actual knowledge of the disorder
the victim was physically incapacitated
the offender is a law enforcement officer, correctional officer, parole officer, elected official, or anyone else who is in a position of authority in a detention or parole setting

If the victim is an adult, the maximum sentence is less severe. Under the same circumstances, sexual battery is a first-degree felony with a maximum penalty of up to 30 years in prison and a fine of up to $10,000 if the victim is 18 or older. The offense is also a standard first-degree felony charge under the same circumstances if the offender is younger than 18 years old and the victim is at least 12 years of age but is under 18 years of age.

SEXUAL BATTERY PENALTIES FOR MINOR DEFENDANTS

Florida’s criminal justice system is slightly more lenient if the offender in a sexual battery case is a minor. However, minors in Florida sexual battery cases are prosecuted as adults in the state’s main adult criminal justice system. If a defendant who is younger than 18 commits sexual battery, without the use of force, against a victim who is at least 12 years of age, the offense is a second-degree felony. 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. However, if the minor has one or more prior sex crimes convictions, the offense is enhanced to a first-degree felony charge with a maximum sentence of 30 years in prison and a fine of up to $10,000.

Florida’s lewd and lascivious laws

Florida’s lewd and lascivious laws mostly refer to sex offenses against minors who are under the age of 16 The phrase “lewd or lascivious” refers to conduct that is distasteful, wicked, lustful conduct that furthers an offensive sexual desire. Defendants in lewd and lascivious cases are prohibited from arguing the following defenses:

the victim’s consent
the victim’s lack of chastity
lack of knowledge of the victim’s age

LEWD OR LASCIVIOUS BATTERY

State law defines lewd or lascivious battery as engaging in sexual activity with a person who is at least 12 years of age but is under the age of 16. Encouraging, forcing, or enticing any person who is under 16 years of age to engage in sadomasochistic abuse, bestiality, prostitution, or any other sexual activity also meets the state law definition of lewd or lascivious battery.

Generally, lewd or lascivious battery is a second-degree felony offense. If convicted, the defendant may be sentenced to up to 15 years in prison and a fine of up to $10,000. If the defendant has one or more prior convictions for a similar offense, lewd or lascivious battery is a first-degree felony with a maximum penalty of up to 30 years in prison and a fine of up to $10,000.

Lewd or lascivious molestation

Lewd or lascivious molestation is Florida’s equivalent of a child molestation offense. A defendant may be convicted for lewd or lascivious molestation if he or she intentionally touches in a lewd or lascivious manner the breasts, genitals, genital area, or buttocks, or the clothing that covers the named parts, of a person who is younger than 16 years old. Forcing or enticing the victim to touch the offender is also an act of lewd or lascivious molestation. If the offender is an adult and the victim is a minor who is younger than 12 years of age, lewd or lascivious molestation is a first-degree felony with a maximum sentence of life in prison.

If the offender is younger than 18 years of age and the victim is younger than 12 or if the offender is an adult and the victim is younger than 16 but at least 12 years of age, the offense is a second-degree felony. In either case, the maximum penalty is 15 years in prison and a fine of up to $10,000. If the defendant is a minor and the victim is at least 12 but younger than 16 years of age, the minor offender may be charged with a third-degree felony, which carries a maximum sentence of five years in prison and a fine of up to $5,000.

LEWD OR LASCIVIOUS CONDUCT CASES IN SOUTHWEST RANCHES

Florida law defines lewd or lascivious conduct as the act of intentionally touches a person who is younger than 16 years of age in a lewd or lascivious manner or soliciting someone who is younger than 16 years of age to engage in a lewd or lascivious act. If the offender is 18 years of age or older, the offense is a second degree felony with a maximum penalty of up to 15 years in state prison and a fine of up to $10,000. If the offender is younger than 18 years of age, lewd or lascivious conduct is a third degree felony offense.

LEWD OR LASCIVIOUS EXHIBITION

Florida’s lewd or lascivious molestation law makes it necessary for you to always be aware of who is around and can see you before you decide to engage in any type of sexual activity. Lewd or lascivious exhibition is defined as intentionally masturbating, intentionally exposing the genitals in a lewd or lascivious manner, or intentionally committing any other sexual act that does not involve actual physical or sexual contact with the victim, including but not limited to, sadomasochistic abuse, bestiality, or the simulation of any act involving sexual activity in the presence of anyone who is under 16 years of age.

Based on the state’s lewd or lascivious exhibition statute, you can potentially be accused of a sex crime if you are in a state of undress inside your home or anywhere else if a minor is present. You may also be accused of a crime if you make certain obscene gestures or otherwise simulate a sexual act in the presence of a minor. If you are accused of lewd or lascivious exhibition, the prosecution will have to prove your intent. Therefore, a Southwest Ranches defense lawyer may offer evidence that suggests that you did not intend to behave in a lewd or lascivious manner or that it was not your intention to display the behavior to a minor.

Lewd or lascivious exhibition is a second degree felony offense if the offender is 18 or older. If the offender is under 18, the offense is a third degree felony.

Statutory rape law in Florida

The legal age of sexual consent in Florida is 18. Many states have what is commonly referred to as a “Romeo and Juliet law” that excludes older teens from criminal charges if they engage in sexual activity with a younger teen if the age difference is within a specified number of years. Florida’s Romeo and Juliet law does not exclude the older party from criminal prosecution. Instead, the law permits young adults who are convicted for statutory rape to petition the court for exclusion from the sex offender registry requirement. The case must meet all of the following requirements:

the victim is at least 14 years old
the offender is no more than four years older than the victim
the victim consented to the sexual activity
the offender has not prior charges for a sex offense and no pending charges for a similar offense

It is imperative that parents communicate openly with their children about Florida’s statutory rape law. One accusation can impact a young adult’s criminal record.

Florida sex offender registry

In most cases, people who are convicted on a sex crime charge in Florida are required to register as a sex offender with the state or federal registry, depending on the court system within which the defendant is convicted. Registering as a sex offender affects most aspects of the individual’s life. People who have been sentenced to prison for a sex offense must register as a sex offender within 48 hours of being released. They are required to update the state each time they move, change their email address, change employment, or make other life changes. Registered sex offenders are also restricted in terms of the types of jobs they are permitted to work and the areas in which they are allowed to reside.

Southwest Ranches sex crimes defense attorney

Sex crimes allegations should always be taken seriously, even if the accusation is baseless. Consult a qualified Southwest Ranches sex crimes defense attorney to learn more about your legal options. Our talented team will handle your case with professionalism and discretion. We represent people in Southwest Ranches and throughout South Florida in state and federal sex crimes cases. Call Joffe Law today to receive a case evaluation.