Fort Myers Falsely Accused Statutory Rape Charge Attorney
Sex crimes are very serious offenses, especially in Florida. We are the state that came up with Jessica's Law, and our penalties for sex offenders are among the harshest in the nation. Crimes such as forced rape, statutory rape, and child molestation are all lumped together under one statute as sexual battery. Conviction of any sexual battery charge will often result in a minimum mandatory prison sentence as well as lifetime registration as a sex offender. Under the Jimmy Ryce Act, people convicted of sex crimes can also be held indefinitely for civil commitment after their prison term expires.
If you have been arrested on a sex charge, we offer a free initial consultation and will offer you an honest, straightforward assessment of your case, your options, and any possible defense you may have. I have been a criminal defense lawyer in Southwest Florida for 15 years. We are one of the few firms in Collier County who is experienced to handle sex crimes such as sexual battery.
It is very common for sex crimes to be based on false allegations. Charges such as child molestation can be associated with a divorce, where one parent is falsely accused by the other parent to get the upper hand in a child custody dispute.
Child molestation cases are often prosecuted with no physical evidence whatsoever to support the charges. It may be based on a child saying something happened, based on information that may or may not have been planted by a parent. However, prosecutors often go on presumption that kids don't lie. We also have a problem with the way children are interviewed in child molestation cases. They are routinely asked leading questions and don't like taking no for an answer.
The stakes are very high in any sex crime case, and the allegation requires a thorough investigation. We are not afraid to cross-examine the accuser through depositions. In a case involving a child victim, we will thoroughly but gently investigate the child as well as the family, and other neighbors. In some cases, the child may be sexually abused, but the parent may be redirecting the accusation to the suspect.
Statutory rape charges can be filed in cases of consensual sex between a boyfriend and a girlfriend if one of the parties is under 16. Anyone under 16 can't legally give consent to have sex. Prosecutors will file statutory rape charges even if the minor lied and misrepresented his or her age. Prior sexual history is not admissible. As with other sex crimes, defending someone charged with statutory rape requires a lawyer with specific experience and knowledge.
Free attorney consultation: If you have been accused of a sex crime ranging from lewd and lascivious conduct to rape, contact me, Collier County criminal defense lawyer David T. Agoston. Se habla español.
