Defending Against Sex Crime Allegations: A Look at Common Legal Defenses Used By Tampa Law Firms
Sex crimes allegations can carry severe penalties and destroy reputations, even if the accused is innocent. That’s why working with an experienced Tampa sex crimes defense attorney is crucial for anyone facing charges like rape, sexual battery, indecent exposure, child pornography, or other sex offenses.While every case is different, Tampa law firms commonly employ certain legal defenses to fight these allegations. Understanding these strategies can help those accused of sex crimes in Hillsborough County, FL better navigate the complex legal landscape.
Consent
One of the most common defenses in sex crime cases is arguing the sexual activity was consensual. This is frequently used when defending against rape or sexual battery charges.The accused may claim the alleged victim consented verbally or through actions implying consent. The defense would need to provide evidence like:
- Text messages or other communications showing the alleged victim agreed to the sexual activity.
- Witness testimony about the alleged victim’s behavior suggesting consent.
- Evidence the alleged victim made false accusations in the past.
Consent can be tricky to prove, however. The prosecution may argue the alleged victim was coerced, intoxicated, or legally unable to give consent due to age or mental capacity. But an experienced lawyer can often cast reasonable doubt on rape allegations by presenting evidence of consent.
Mistaken Identity
When identity is in question, claiming the prosecution has charged the wrong person can be an effective legal defense. Eyewitness misidentification is a common cause of wrongful convictions in sex crime cases 1.
- Alibi evidence the accused was elsewhere at the time of the alleged crime.
- Differences between the accused’s appearance and the description of the perpetrator.
- Eyewitness testimony identifying someone else as the perpetrator.
While DNA evidence can prove identity, it isn’t available in all cases. When identity hinges on eyewitness testimony, skilled lawyers can highlight flaws in witnesses’ recollections and descriptions.
False Accusations
Many sex crime charges arise from questionable accusations made during bitter divorces or custody battles. The defense may claim the alleged victim fabricated the story as leverage or revenge.To demonstrate this, attorneys present:
- Motive – Evidence showing what the accuser stands to gain by making false allegations.
- Witnesses who dispute the accuser’s version of events or testify to their dishonest character.
- Evidence the accuser made prior false allegations against others.
While juries tend to believe alleged victims, skilled lawyers can convince them some accusers do lie. Aggressive cross-examination exposing contradictions and lies in the accuser’s story can create reasonable doubt.
Mental Health Defenses
Those with mental disabilities may not have criminal intent (mens rea) necessary for conviction. For sex crimes requiring specific intent, diminished mental capacity can be a defense.The accused may undergo psychiatric evaluation showing mental defects like:
- Intellectual disability
- Dementia
- Schizophrenia
- Psychosis
If mental disability prevented understanding the nature of the sexual act or ability to control behavior, the accused may be found not guilty by reason of insanity. The court may order treatment rather than punishment.
Intoxication
Voluntary intoxication is not usually a defense, but involuntary intoxication can negate criminal intent. The accused may claim they unknowingly ingested intoxicants and were unable to control their conduct.For example, someone may have been:
- Drugged without their knowledge
- Prescribed medication without warnings of side effects
- Served excessively strong drinks without realizing
It’s challenging to prove involuntary intoxication claims, but toxicology reports and other evidence can sometimes substantiate them.
Age of Consent/Mistake of Age
These defenses counter statutory rape charges where the victim was underage but seemed older. The accused claims they:
- Reasonably believed the minor was over the age of consent based on appearance and behavior.
- Asked the minor’s age and were told they were old enough.
While mistake of age rarely succeeds as a full defense, it may reduce charges or penalties, particularly for defendants close in age to the minor.
Child Pornography Defenses
Those facing child pornography charges may claim:
- Lack of knowledge – They were unaware illicit images were on their computer. Someone else could have downloaded them without their knowledge.
- Free speech – The material, while offensive, is protected under the First Amendment. However, real child porn isn’t constitutionally protected.
- Virtual images – The pornographic images depict virtual characters rather than real children. Virtual child porn is legal in some circumstances.
These defenses attack the prosecution’s burden to prove knowing possession of real child pornography. Skilled lawyers can often create reasonable doubt.
Romeo and Juliet Exceptions
In many states, Romeo and Juliet laws create exceptions to statutory rape charges for consensual sex between minors or a minor and a partner within a certain age range. The defense may argue the relationship falls under such an exception, so statutory charges don’t apply.
Registry Consequences
While not an actual defense, skilled lawyers also advise clients about collateral consequences of pleading guilty, namely sex offender registration. Many defendants plead guilty without realizing the severe restrictions registration imposes. Counseling clients about these consequences is crucial.
Seeking an Experienced Sex Crimes Lawyer
As shown above, skilled Tampa sex crimes attorneys have many strategies to challenge these allegations. An experienced lawyer understands how to build a strong defense by:
- Aggressively contesting unconstitutional searches and seizures to exclude evidence
- Consulting expert witnesses to evaluate mental health and other issues
- Scrutinizing the investigation to expose sloppy police work
- Vigorously cross-examining witnesses to discredit accusations
- Presenting persuasive evidence and arguments to create reasonable doubt
Those facing sex crime charges need an attorney who knows how to effectively apply these defenses. The lawyer’s reputation and trial record are more important than the firm’s size or brand name. Always meet with prospective attorneys and ask questions about their background, strategy and track record.Fighting sex crime allegations requires creativity, tenacity and negotiation skills. The consequences of conviction are so severe that mounting an aggressive, multi-faceted defense is imperative. Don’t leave your future in the hands of an inexperienced lawyer. Hire a seasoned Tampa sex crimes attorney ready to do battle in court to achieve the best possible outcome.
References
https://www.innocenceproject.org/causes/eyewitness-misidentification/