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Defending Against Florida Sexual Assault Charges

Posted by Powers Sellers & Finkelstein | Jun 07, 2019 | 0 Comments

Clearwater Sexual Assault Defense Attorneys | Sex Crimes Lawyer Florida

When you get a sexual assault charge, there's more at risk than a jail sentence. Though direct penalties can be severe, a person convicted of sexual battery (the technical legal term for sexual assault in Florida) may also face lifelong complications and limitations due to sex offender registry requirements. A sex crime conviction can limit job opportunities, impact relationships, and even put restrictions on where a person can live. Call (727) 531-2926 to speak with a criminal defense attorney now!

Proof Beyond a Reasonable Doubt

Prosecutors face a heavy burden of proof in criminal cases: they are required to prove every element of the crime beyond a reasonable doubt. It is important for anyone accused of a sex crime to be aware that one of the elements the prosecution must prove beyond a reasonable doubt is that the sex act occurred.

Unfortunately, many people facing a sexual assault charge make a serious mistake when approached by law enforcement. Since the accused generally hasn't talked with a criminal defense attorney at that stage, he may think that he can “clear up” the issue by explaining that the sex was consensual. However, the police generally aren't there to clear up a misunderstanding. They're seeking evidence of a crime. When a defendant rushes to tell his side of the story, he often unwittingly provides evidence that will later be used against him, such as an admission that he engaged in sexual activity with the alleged victim.

The earlier in the process you retain an experienced criminal defense attorney, the more opportunity that lawyer will have to build a strong defense for you. If the prosecution is unable to prove each element beyond a reasonable doubt, the case could be dismissed, or the judge or jury could return a not guilty verdict. Remember, all Criminal Charges are serious and you need a skilled Criminal Defense Attorney on your side. Call us for a free private consultation at (727) 531-2926 anytime, 24-7!

Consent as a Defense to a Sexual Assault Charge

Consent is often a key issue in a sexual battery case. Simply proving that the sexual act took place is not sufficient; the prosecution must also establish beyond a reasonable doubt that the act took place without the alleged victim's consent.

The evidence regarding consent is often one person's word against the other's. In that situation, the defense has a strong argument that the prosecution's burden has not been met. The prosecutor will attempt to support the case with physical evidence and the testimony of experts, but an experienced criminal defense lawyer will have strategies for disputing that type of evidence, as well.

Disputing Physical Evidence and Medical Conclusions

Some of the most common physical evidence in a sexual assault case involves DNA evidence connecting the defendant to the crime and medical evidence supporting the claim that the alleged victim was assaulted. This evidence can be challenged in many ways, including:

  • Questioning the reliability or accuracy of collection or testing procedures
  • Showing a break in the chain of custody of samples or evidence
  • Having a defense expert challenge the prosecution's conclusions
  • Moving to suppress the evidence

Suppression of Evidence in a Sexual Assault Case

When evidence in a criminal case is suppressed, the prosecution is prevented from presenting that evidence to the jury. While there are many reasons evidence may be suppressed in a criminal case, one of the most common is that the evidence was illegally obtained. For example:

  • Statements by the defendant may be excluded if the police were required to read Miranda warnings and did not do so
  • An audio recording may be excluded if it was recorded without the defendant's knowledge or consent
  • Physical evidence may be excluded if it was collected without the defendant's consent or a valid search warrant

Talk to an Experienced Criminal Defense Attorney About Your Sexual Assault Charge(s)

Sexual assault cases can be difficult to prove—a charge does not necessarily mean a conviction. However, the most effective defenses to a sexual assault charge are technically legal and scientific arguments. If you've been charged with sexual battery in Florida, give yourself the advantage of an experienced criminal defense attorney at your side every step of the way. It's easy to get started. Just call 727-531-2926 today to schedule a consultation.

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