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Home > Orlando Criminal Defense > Sex Crimes and Offenses
:: Sexual Crimes and Offenses in Florida
A Sexually related crime or offense is one of the most serious things a person can be accused of. Simply being accused of sexual misconduct can permanently alter a person's personal and professional life and leave that person stigmatized forever.
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"Sex Offenses are punished more severely than other crimes."
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Additionally, sexually related charges carry extremely serious penalties and are commonly punished more severely than any other crime except murder. Sexual misconduct is seldom witnessed by anyone other than the accuser and the accused and the risk of conviction of an innocent person is drastically higher in these cases.This is why it is important to retain an attorney who has the experience and legal proficiency to successfully defend you or a loved one accused of a sexual crime.
These cases of rape, statutory rape, sexual misconduct, and child molestation are often investigated and prosecuted without sufficient evidence or investigation into the accuser. The law presently has dramatically weighed in on protecting the rights of the so-called victim and often extremely relevant evidence is excluded from trial, such as an accuser's past sexual conduct.
To be effectively defended, sexually related cases require a combination of experience, legal proficiency, and negotiation skills. Where conviction seems inevitable, experts are used to explore treatment and supervision alternatives to time or psychiatric hospitalization. And where a trial is your only option to prove your innocence, Orlando criminal attorney Richard Hornsby has the proven experience handling sex crimes and related sex offenses. In the past few years alone, Mr. Hornsby has:
- Had a rape charge dismissed by the State due to pretrial investigation into the accuser;
- Obtained a Not Guilty verdict on a four count Information charging Lewd and Lascivious Battery and Sexual Battery;
- Successfully obtained a downward departure sentence for a client who had fully confessed to a sexual battery charge;
- Negotiated a Lewd and Lascivious battery charge down to an Aggravated Assault;
- Obtained a dismissal halfway through trial on a Lewd and Lascivious Exhibition Charge;
- Obtained a Not Guilty verdict on a two count Information charging Lewd or Lascivious Battery and Sexual Battery;
- Negotiated a Lewd and Lascivious Molestation charge down to a Misdemeanor Battery;
- Obtained a Not Guilty verdict on an Information charging Sexual Battery;
- Obtained a Not Guilty verdict on a five count Information charging Sexual Battery, Lewd and Lascivious Exhibition, Lewd and Lascivious Battery, Lewd and Lascivious Molestation, and Contributing to the Delinquency of a Minor.
While Mr. Hornsby can not promise such results for every case, his experience handling these cases gives him an advantage defending his clients against these charges, so that he might better be able to achieve similar results for you.
:: Types of Sexual Offenses and Crimes
Generally, Florida classifies sexual crimes and offenses into three categories, (1) Sexual Battery (Rape), (2) Lewd or Lascivious Battery (Statutory Rape), and (3) Lewd Acts. The penalties for all three categories increase if the alleged victim is twelve (12) or sixteen (16) years old or younger respectively.
Sexual Battery, commonly known as rape, is defined by Florida Law as oral, anal, or vaginal penetration by, or union with, the sexual organ of another, or oral, anal, or vaginal penetration by an another with any object. Sexual Battery (Rape) is sexual intercourse with a person against his or her will through force, threats, or intimidation. This is an important distinction, because if an accuser alleges they feared for their life, physical safety, or the life and safety of a loved one, they can assert that they had no other alternative than to submit to a sexual act and this does not mean that they consented to it.
Sexual Battery carries the most severe penalties of all sexual offenses in Florida. A person convicted of sexual battery (rape) would be facing a maximum sentence of life in prison, depending on what disabilities the victim had, and a minimum sentence of nine (9) years in prison. Additionally, they would be declared a sexual offender and would be forced to comply with sexual offender registration laws throughout Florida and the United States.
Lewd or Lascivious Battery (Statutory rape) makes it illegal to have sexual intercourse with an individual younger than 18, even if both parties consent to the sexual conduct. However, there is an exception; it is legal for a person who is eighteen to twenty-three (18 - 23) to have sex with a sixteen (16) or seventeen (17) year old. Importantly, ignorance of the victim's age is irrelevant as a defense to the charge, even if the victim lied about his or her age or the accused had a bona fide belief the victim was old enough to give consent.
A person convicted of Lewd or Lascivious Battery (Statutory Rape) would be facing a maximum sentence of fifteen (15) years in prison and a minimum sentence sentence of seven (7) years in prison. Additionally, they would be declared a sexual offender and would be forced to comply with sexual offender registration laws throughout Florida and the United States.
Lewd or Lascivious Statutes makes it illegal to engage in certain sexual behavior with a person seventeen (17) years old or younger and they also make it illegal to engage in conduct that would be considered lewd by the community. Obviously the most severe charges are when a person eighteen or older engages in sexual contact or exhibition with, or in the presence of, a person seventeen years old or younger.
There are a variety of laws that fall under Lewd Statutes, generally the maximum penalty can be up to fifteen (15) years in prison and the minimum sentence can be sex offender probation. Additionally, they could be declared a sexual offender and would be forced to comply with sexual offender registration laws throughout Florida and the United States.
:: Contact Orlando Criminal Attorney Richard Hornsby
Please contact Orlando Criminal Attorney Richard Hornsby 24 hours a day, 7 days a week, if you or a loved one have been charged with a sex crime or related offense. Mr. Hornsby is available any time, day or night, to advise you of the proper course of action to take. The initial consultation is free and Mr. Hornsby will respond promptly to provide you with the criminal representation you deserve.
Required Florida Bar Disclaimer
Not all results are provided, the results are not necessarily representative of results obtained by the lawyer, and a prospective client's individual facts and circumstances may differ from the matter in which the results are provided.
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