Sex Offenses



Sex crimes are unique because the law heavily favors the accuser. As a result, an accuser’s past sexual history, mental health, or previous false accusations is not always admissible. Therefore, the best defense against an accusation is a good offense, which is to gather evidence that calls into question the accuser’s credibility and that supports your innocence. Of course, you are not required to prove your innocence when you are “presumed innocent until proven guilty.” However, common sense dictates that you do so if you want to persuade the prosecution not to file charges, or a jury to find you not guilty. It is ALWAYS easier to persuade a prosecutor not to file charges because of conflicting evidence, than it is to persuade a prosecutor to drop charges they already filed.
Pre-Filing InvestigationInvestigation before a filing decision is made yields tremendously useful information. If I obtain the information before charges have been filed I can present it to the prosecutor to show them they have a weak case that should not be pursued. Importantly, if the pre-filing investigation does not yield helpful information, I can develop a more appropriate defense strategy based upon the findings. Pre-filing investigation involves two major components:
  1. Investigating the Accuser, and
  2. Gathering Exculpatory Evidence
Investigating the Accuser Unfortunately, false allegations of sexual misconduct are increasingly common in Florida and one of the primary reasons people find themselves being accused of a sex crimes. Oftentimes an estranged parent or significant other finds themselves facing false allegations of sex abuse, molestations, or physical abuse. To compound the problem, law enforcement rarely disbelieves an accuser; and that is why it is so important to identify a possible motive to lie as quickly as possible. Typical reasons for false allegations include:
  • Jealousy,
  • Manipulation of children by an angry parent, or
  • Mentally ill parents influencing a child
Gathering Exculpatory Evidence Gathering exculpatory evidence is one of the best ways that you can keep a prosecutor from filing charges. Once a person accuses you of a crime, it is important to find out as much information as possible about nature of their accusation. This includes
  • When did they say it happened?
  • Where did they say it happened?
  • When did they report the incident?
  • Were there any communication devices involved?
  • Whom did they confide in?
  • Have they made any conflicting statements?
  • The list goes on…
Confidential Polygraph Examination There are several reasons to participate in a confidential polygraph exam. Primarily, while a polygraph examination may not be admissible in court, it is persuasive to prosecutors. If the polygraph suggests you are truthful about your innocence, a prosecutor will be less likely to pursue charges against you on a weak case. Additionally, if the results show you as being deceptive, the results are not disclosed to anyone. Instead the knowledge gained is used only to prepare a more appropriate defense to your case. Confidential Psycho-Sexual Evaluation Confidential Psycho-Sexual Evaluations are also useful tools. While a psychosexual evaluation cannot determine guilt or innocence; it is helpful in determining if a client has any sexually deviant tendencies, thoughts, or beliefs. If the evaluation suggests you are normal, the results are submitted to the prosecutor and I argue that the evaluation’s independent results are inconsistent with the charges against you. On the other hand, if the results show you do suffer from a sexually deviant tendency or they come back inconclusive, I can use the information to plot a more appropriate defense for you. Time is of the essence. It is ALWAYS easier to persuade a prosecutor not to file charges because of conflicting evidence than it is to persude them to drop charges they already filed. Call 904.353.0436 now.


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