The Florida Times-Union recently reported about three men who were arrested in separate cases involving sex crimes.
Sex crimes in Jacksonville and throughout Florida can range from indecent exposure-type cases to rape cases. And the penalties can range from probation or jail time to decades or life in prison. That’s why immediately following arrest, a person should consult with an experienced and knowledgeable Jacksonville Criminal Defense Attorney in order to protect the rights of the accused.
In the three separate incidents, three men, ranging in age of 33 to 43, face sex-related charges after Jacksonville Police made the arrests.
-A 43-year-old man of Clark Street in Baldwin, faces two counts of sexual battery on a victim mentally impaired.
-A 33-year-old West Beaver Street resident is charged with four counts of sexual battery with a victim under 12.
-A 35-year-old Cartier Circle man is charged with two counts of sexual battery with a victim under 12.
In one case, the article states the assault happened in May. Because much of the information was stricken from the police report, the newspaper has few details, except that the alleged victim was in fear of the man when interviewed by investigators, though the defendant told detectives the sex was consensual.
Florida Statute 794.011 defines the charge of sexual battery and lays out the possible penalties for someone who is convicted. Under the law, sexual battery means the forced union with the sexual organ of another against the person’s will.
Under the law, a person 18 and older who commits a sexual battery upon someone under 12 commits a capital felony, punishable by life in prison. Someone under 18 who does the same can be punished with life in prison. If the victim is “mentally defective,” the crime is a first-degree felony, which is punishable by 30 years in prison to life in prison.
This is a very serious charge, perhaps the most serious after murder, and therefore requires aggressive defense representation. There have been countless cases where a person charged with a sex crime is convicted and later exonerated due to DNA evidence, a changed story by a witness years down the road or other, previously undiscovered evidence.
Alleged victims, especially children, have been known to make up stories about a sexual battery because of their immaturity or because they seek attention. While that’s not always the case, that must always been explored in these types of cases. One of the most important things for a defendant is not to speak with police until speaking with an attorney. Any statement will be used against the defendant in court. It is best to consult with an attorney in jail and determine whether or not to make a statement.
The Forbess Law Firm has been helping clients facing criminal charges in Jacksonville for more than a decade and are here to provide constitutionally required criminal defense to anyone accused of a crime. If you or a loved one require a Jacksonville criminal defense lawyer, contact our firm today through our website. Or call us at 904-634-0900.
Jacksonville police make 3 sex assault arrests, by Scott Butler, Florida Times-Union