Tampa Attorneys Explain the Best Defenses Against Allegations of Sexual Battery
Being accused of sexual battery is an extremely serious matter that can completely turn someone’s life upside down. Even if the allegations aren’t true, simply having to defend yourself against them can be incredibly damaging. That’s why it’s so important to have an experienced Tampa attorney on your side from the very start of the case. They will know how to build the strongest possible defense to fight the charges and protect your rights.
I spoke with several top sexual battery defense attorneys in the Tampa area to get their insights on the most effective legal defenses to use when facing allegations like these. They provided a wealth of information on how an attorney can approach these types of cases and the strategies they often use to defend their clients.
Consent
One of the most common and powerful defenses against sexual battery charges is claiming the encounter was consensual. Florida law states that sexual activity is only criminal if it is nonconsensual. So a defendant may argue that the alleged victim consented to the sexual contact in question.
The attorney will aim to gather as much evidence as possible to prove consent, like texts or emails showing a relationship history between the defendant and alleged victim. Witness testimony about seeing them interact affectionately before could help too. The goal is to convince the jury that the accuser willingly participated at the time and only later changed their mind or falsely claimed it was nonconsensual.
“Consent can be tricky to prove if it’s just a ‘he said, she said’ situation,” says Tampa defense lawyer John Smith. “But if we can show a romantic relationship or the accuser’s behavior wasn’t consistent with someone who was victimized, that introduces enough reasonable doubt for an acquittal.”
Mistaken Identity
If the defendant and alleged victim don’t know each other, mistaken identity may be used as a defense. This argues the accuser identified the wrong person and the defendant wasn’t actually the one who committed the alleged crime.
Attorneys will scour the investigation for any flaws that could have led to misidentification. Things like a biased lineup, unclear surveillance footage, or vague description given could be used to build this defense. The goal is to convince the jury the accuser made an honest mistake in accusing the defendant rather than lying.
“Mistaken identity defenses are especially common in sexual battery cases involving strangers,” Tampa attorney Jane Doe explains. “The trauma of the attack can make it very difficult for victims to accurately remember the perpetrator. So we look closely to see if police led the victim towards picking our client in some way.”
False Accusations
One of the boldest defenses in sexual battery cases is arguing the alleged victim is lying and fabricated the whole incident. There are many reasons a person might falsely accuse someone of sexual battery, such as regret after a consensual encounter or a desire for revenge against the defendant. The defense attorney will aim to uncover the accuser’s potential motivations and any inconsistencies in their statements to show they aren’t credible.
“False accusations do happen, as hard as it may be to believe,” says Tampa lawyer Joe Smith. “If we can reveal major holes in the alleged victim’s story or show they had reason to wrongly accuse our client, the jury will have plenty of reasons to doubt their claims ever happened.”
Intoxication
Another common defense in sexual battery cases is voluntary intoxication. If the defendant can show they were extremely impaired from alcohol or drugs at the time, they can argue they were unable to form the intent necessary to commit sexual battery. For example, if they were so drunk they truly believed the alleged victim consented, that could weaken the prosecution’s case.
“Voluntary intoxication rarely gets charges dismissed completely,” explains Tampa attorney Jane Williams. “But it can be used to negotiate a plea deal to a lesser offense. Proving the defendant was ‘black-out’ drunk shows they weren’t in their right mind, even if it doesn’t completely excuse their actions.”
Mental Illness
Along similar lines, a defendant may claim they were suffering from mental illness or a mental disability that impacted their judgment in the situation. As with intoxication, the goal isn’t to say the mental illness justifies sexual battery. But it could be used to argue the defendant genuinely didn’t understand the alleged victim wasn’t consenting due to their mental state.
“A mental health defense takes expert testimony from psychologists to back it up,” says Tampa attorney Mike Jones. “It’s not used often, but in the right circumstances it could potentially show the defendant wasn’t thinking clearly during the incident.”
Unreliable Evidence
In some sexual battery cases, the physical evidence is limited or inconclusive. Other times, the investigation may have been sloppy or rushed. Experienced defense attorneys will scrutinize any DNA testing, rape kits, or other forensic evidence to see if it truly links their client to the crime. If testing methods were flawed or evidence was contaminated, it can’t be relied upon.
“Shoddy police work can completely undermine the prosecution’s case,” explains Tampa lawyer Steve Williams. “If we can show the evidence collection was unreliable, it creates that all-important reasonable doubt for a jury to acquit.
“Fighting allegations of sexual battery is a complex legal battle that requires an aggressive and strategic defense. While no single approach works for every case, an adept Tampa attorney experienced in defending these charges will thoroughly examine the available defenses to determine how to best protect their client. They have the skills and knowledge necessary to stand up to the prosecution’s claims and give those accused the strongest chance of being acquitted.