Why You Need Fair Defense for a Sex Offense
Crimes involving sex are serious issues that can have terrible consequences on the life of the accused. Reports show that in the state of Florida, one in nine women have been a victim of rape by force at some point in their life. Allegations of a sex offense are taken seriously by prosecutors, and an individual accused of a sex offense should make sure they secure the best defense possible.
A good defense against sex offense charges begins with a defense lawyer that is not only skilled at his or her craft, but also open-minded and fair with regards to sex crimes. It also helps to have a lawyer that understands the relationship between sexual offenses and sexual addiction.
Types Of Offenses
There exists a wide array of violations that classify as sex crimes. Each of these crimes has their own definition and carry different degrees of punishment. Keep in mind that many of these crimes aren’t isolated events, but are the result of years of feelings and micro actions. Sexual acting out online has been shown to manifest in similar offline behavior. People who already were sex addicts find the internet accelerates their problem. Those who start in the online behavior quickly start to act out in new ways off-line.
That being said, here are a few of the most common types of sex offenses:
Battery occurs when sexual contact is made with an individual that did not consent to the contact. Sexual battery can take place in a variety of ways. Specific battery cases are dependent upon the specific contact made and the age of the victim.
Offenses Involving Lewd and Lascivious Behavior
A number of offenses fall under the lewd and lascivious behavior umbrella including:
Indecent or vulgar exposure.
Nudity in the presence of a child.
Molesting another individual.
Exhibition with the use of a computer.
Battery, molestation, or exhibition witnessed by the disabled or elderly.
The receipt of monetary remuneration for the performance of sexual services is illegal in most places. It is also illegal to solicit others to perform sexual acts for money. A few instances that can result in solicitation and prostitution charges being alleged are:
Use of a computer to solicit a child to engage in sexual misconduct.
Use of a computer to solicit a parent or guardian to make a child available for sexual misconduct.
Meeting a minor with the intent to engage in sexual misconduct.
The possession, control, or viewing of pornographic images involving children is illegal and will be prosecuted with vigor by courts. Pornographic material includes photos, videos, digital images, or any other representations showing the inappropriate nudity of a minor or a child engaging in a sexual act.
Investigations of Sexual Offenses
A criminal investigation into an alleged act of sexual misconduct is an extremely serious matter. An investigation can begin long before the accused is aware of formal allegations. Cases have also been made against individuals that result from a sting operation in which an undercover police officer posing as a child attempts to entice adults to solicit sexual favors.
Law enforcement officials can secure search warrants that will allow for the tapping of phones and exploration of electronic devices of individuals being investigated for sexual misconduct. The defendant may also be interviewed by a law enforcement officer at some point in an investigation.
It is vital that individuals being investigated for a sex offense has a clear understanding of their rights. There is no obligation to talk with police officers as part of an investigation. In fact, individuals should remember that when they are the target of an investigation, it is the job of law enforcement to elicit information from them during an interview that will incriminate them in the crime.
Crimes of a sexual nature are among the most heavily punished offenses in the legal system. Many sex offenses result in years of incarceration. Sentencing ranges are dependent on a variety of factors that include the age of the victim, the age of the defendant, and the presence of circumstances deemed to be aggravating.
The Importance of an Attorney
Individuals that face prosecution for a sex offense should secure the services of a good lawyer. Sex offenses are serious cases, and individuals facing this allegation should not seek to handle it alone. A fair-minded and skilled attorney is the individual's best bet to mount an adequate defense against the charges.
Sex crimes are a serious issue in America. One-third of women and one-sixth of men in the country report to having experienced some form of unwanted sexual contact in their lifetimes. The judicial system has met this epidemic with an adequate level of seriousness. Individuals that find themselves accused of a sex offense should understand the seriousness of the situation and seek the aid of a good lawyer.