Category Archives: Sex Crimes
When Is A Probation Violation Considered “Willful And Substantial” Under Florida Law?
A person placed on probation in Florida faces many challenges. The court requires any probationer to comply with a number of terms and conditions. If a probation officer or any member of law enforcement has reason to believe the probationer has violated these terms, that person may be hauled before a judge to explain… Read More »
Does Police Negligence Always Invalidate A Criminal Search?
There is something of a misconception that just because the police conduct an illegal search and seizure, that the evidence obtained must automatically be “suppressed” at trial. In fact, the rules are a bit more complicated than that. Even when the prosecution concedes a Fourth Amendment violation, the evidence in question may still be… Read More »
How The Accuser’s Physical State Can Affect A Sexual Battery Charge
Sex crimes charges often involve some of the harshest penalties available under Florida law, particularly when the alleged offense involves non-consensual sexual activity. Indeed, sexual battery–the legal term for rape in Florida–can be charged as a first-degree felony under certain circumstances. For example, if the evidence shows the victim was “physically helpless to resist”… Read More »
How Does Florida’s “Romeo And Juliet” Law Affect Statutory Rape Cases?
The age of consent in Florida is normally 18. This means that it is illegal for a person under the age of 18 to legally consent to sexual activity. An adult who therefore engages in sexual conduct with a minor can therefore be charged with statutory rape, even if the minor is a willing… Read More »
Does “Sexual Activity” with a Minor Require Physical Contact to Be Criminal?
Sex crimes involving children often carry some of the harshest penalties in our legal system. For example, the federal sentencing guidelines call for a five-level enhancement when a defendant is convicted of a sexual offense involving a minor and has also “engaged in a pattern of activity involving the sexual abuse or exploitation of… Read More »
Polk County Teacher Accused of Possession of Hundreds of Images of Child Sexual Exploitation
According to Florida law, a person convicted of possessing just one image or video showing sexual exploitation of a minor can receive a sentence of up to five years in prison. The defendant must also register on the sex offender registry. In some cases, he or she might not be allowed to work in… Read More »
Testing of Backlogged Rape Kits in Florida Leads to New Suspects Being Arrested Nearly 30 Years Later: Why This Is Problematic
Florida has recently begun testing thousands of rape kits that have been in storage for almost 30 years, leading to the arrest of a number of suspects accused of sexual battery and other sex crimes. The process usually involves the initial tests providing investigators with a name, which investigators then use to search the… Read More »
American Bar Association Votes Against Recommending Affirmative Consent Standard to States, Dodging Serious Civil Rights Concerns in Sexual Assault Cases
In August, the American Bar Association rejected a resolution that would have recommended that the states change what is known as the affirmative consent standard, which governs what is considered sexual assault. Specifically, the resolution called for consent to be defined as someone giving consent “expressed by words or action in the context of… Read More »
Florida’s Sex Crime Case Against Kraft & Others Falls Apart Due to Police Failing to Properly Conduct Surveillance So as to Protect Privacy Rights
The trial involving Florida bringing a number of sex crime charges against Robert Kraft and others in connection with several massage parlors hit a wall on May 13, when the judge found that hundreds of hours of video surveillance police had gathered and based the case on were inadmissible in court because that surveillance… Read More »
Do Florida’s Sex Offender Laws Go Too Far?
According to research reports recently released by the Florida Legislature, the number of sexual offenders and predators in Florida is on the rise. Specifically, according to the Office of Program Policy Analysis and Government Accountability, just since 2005, the number of offenders has gone up by 53 percent. However, looks can be deceiving when… Read More »
