Articles Posted in Sex Crimes

When a person is charged with a sex crime, the State will often seek to introduce evidence of other inappropriate sex acts that the individual allegedly engaged in, in an effort to prove motive or a pattern of conduct. Evidence of collateral crimes is only admissible in certain instances, however, and if such evidence is inappropriately divulged at trial, it may result in the reversal of a conviction, as demonstrated in a recent Florida case in which the defendant was charged with sexual battery. If you are charged with a sex offense, it is prudent to confer with an assertive Clearwater sex crime defense attorney to evaluate what defenses you may be able to set forth.

Facts of the Case

It is alleged that the victim, who was friends with the defendant and his wife, went out drinking with the couple and then spent the night on their couch. She woke up several times during the evening to find the defendant kissing her, performing sex acts on her, and engaging in intercourse with her. Each time she told the defendant to stop and pushed him away. A few days after the incident, she contacted the police, who told her to record calls with the defendant. During the calls, he repeatedly stated that he was sorry but denied having any knowledge of the incident.

It is reported that the defendant was charged with sexual battery. At trial, the State introduced a witness who testified that on a prior occasion a few years before the incident, the defendant kissed her and groped her while she was intoxicated. The defendant was convicted as charged. He then filed an appeal, arguing in part that the trial court erred in allowing the introduction of evidence of collateral crimes.

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Many people convicted of sex crimes are required to register as sex offenders as part of their sentence, and if they fail to register, they can be charged with a criminal offense. Not all defendants who are convicted of sex crimes must register as sex offenders, however, as explained in a Florida appellate case recently in which the court affirmed the dismissal of an information charging the defendant with failing to register as a sex offender, finding that it was not required under the terms of his sentence. If you were charged with a sex crime in Clearwater, it is in your best interest to speak with a seasoned Clearwater sex crime defense attorney regarding what steps you can take to protect your rights.

Facts and Procedure of the Case

It is alleged that in 2002, the defendant was convicted of attempted lascivious and lewd molestation, after which he was sentenced to prison term of fifteen years and fined $10,000. After the defendant’s release from prison, the State filed an information alleging that the defendant failed to report to register as a sex offender, as required under Florida law. The defendant filed a motion to dismiss the information, arguing that he did not qualify as a sex offender under the law, and therefore was not required to register regardless of the fact that he had been released from prison, as his fine had not been released and discharged. The trial court agreed, dismissing the information. The State appealed the trial court ruling, and on appeal, the appellate court affirmed.

The requirement to Register as a Sex Offender

Under the applicable law, a sexual offender is a person convicted of one of many enumerated crimes, or a similar crime in another jurisdiction, who has been released from the sanction imposed for his or her conviction. Sanctions include but are not limited to incarceration and fines. In the subject case, the court noted that the defendant was convicted of one of the crimes listed in the Florida statute defining sex offenders.

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In many instances, when a defendant is charged with sexual battery, the State relies solely on circumstantial evidence in support of the allegations against the defendant. Thus, if the admissibility of any of the State’s evidence is questionable, it may be prudent for the defendant’s counsel to object to the introduction of the evidence, and the failure to do so may harm the defendant’s case. In some cases, however, a defense attorney’s strategic decision not to object to statements offered by the defendant may be a reasonable trial strategy, as discussed in a recent Florida appellate case in which the defendant argued that his conviction for sexual battery should be overturned due to ineffective assistance of counsel. If you are faced with charges that you committed a sexual offense, it is prudent to consult a capable Clearwater sex crime defense attorney to develop a strategy to offer you a strong chance of a successful result.

Procedural History

It is reported that the defendant was convicted of sexual battery, battery, and lewd or lascivious molestation. He moved for post-conviction relief, arguing in part that his trial counsel was ineffective for making certain evidentiary decisions during the trial. The court granted the motion in part, vacating the defendant’s conviction, after which the State appealed. On appeal, the court reversed the trial court ruling.

Assessing the Reasonableness of a Defense Attorney’s Trial Strategy

The Sixth Amendment of the United States Constitution grants criminal defendants the right to effective counsel. Thus, a defendant arguing he or she suffered prejudice due to ineffective assistance of counsel must establish that his or her counsel’s performance was objectively unreasonable and therefore fell below the prevailing professional standard. In order to show that counsel’s performance was unreasonable, a defendant must set forth evidence establishing that no other competent trial counsel would use the same strategy or make the same decisions as his or her counsel. In cases in which the court deems trial counsel’s performance unreasonable, it must then assess whether the performance caused the defendant to suffer prejudice.

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When a person is charged with a crime, the State will generally seek to introduce any evidence of the person’s guilt. Thus, the State will often not only attempt to introduce facts that demonstrate that the defendant committed the crime, but also facts that suggest the defendant’s knowledge of his or her guilt or that show the defendant attempted to evade prosecution. In a recent case decided by the District Court of Appeal of Florida, First District, the court discussed whether a court is permitted to introduce evidence that a defendant charged with a sex crime attempted to commit suicide prior to his arrest. If you are a resident of Clearwater and are currently charged with a sex crime, you should consult a Clearwater sex crime attorney proficient in helping people seek just results.

Facts Regarding the Alleged Crime

Allegedly, the defendant was a former boyfriend of the victim’s mother, who previously resided with the victim and her mother. In 2016, the teenage victim told her father that the defendant touched her in an inappropriate and sexual manner when she was a young child. The victim also texted the defendant and told him that she remembered what he did, and asked her why he committed the inappropriate acts. Prior to charges being filed against the defendant, the police received a call regarding a suicide attempt. When they responded to the call, they found the defendant in a car with marks around his neck, and a noose in a tree in his yard. The defendant had tried to hang himself.

It is reported that the defendant was charged with lewd and lascivious molestation and sexual battery on a person under twelve years old. During the trial, evidence was introduced regarding the defendant’s suicide attempt. A jury found the defendant guilty, and he was sentenced to life imprisonment. He appealed on several grounds, including the assertion that the trial court committed an error of discretion in introducing evidence of his suicide attempt. On appeal, the court affirmed his conviction.

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When a person is required to register as a sexual offender it can impact his or her life long after the sentence for any crime is served. Florida strictly construes the sexual offender registration requirements, and a person may be required to register as a sexual offender even if he or she was not initially notified of the requirement. Recently, the District Court of Appeal of Florida, Third District, discussed the parameters for the requirement, in a case in which it overturned the trial court’s order obviating the defendant’s obligation to register as a sexual offender following a kidnapping conviction. If you are a resident of  Clearwater and are charged with a sex crime, it is prudent to consult a diligent Clearwater sex crime attorney to discuss your rights.

The Defendant’s Arrest and Conviction

It is reported that the defendant was charged with and convicted of multiple crimes arising out of a kidnapping in 1994. He was subsequently sentenced to five years in prison, which was followed by five years of probation. He was sentenced to additional imprisonment due to probation violations and was not released from supervision until 2006.

It is alleged that the Florida legislature enacted a law three years after the defendant’s conviction, that required sex offenders to register with the Florida Department of Law Enforcement (FDLE). A sexual offender designation is based on criteria set forth under the law, and kidnapping is one of the enumerated offenses that require a person to register as a sexual offender.

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