Articles Posted in Sexual Battery

State law allows the Florida government to ask a judge to force someone deemed a “sexually violent predator” to be committed to a secure facility without his or her consent, even if the person has finished serving a jail sentence for a Florida sex crime. A recent case out of the Fourth District Court of Appeal is a good example at how courts look at these requests.

State prosecutors in 2015 initiated proceedings to have a defendant involuntarily committed as a sexually violent predator. He had been convicted of various sex crimes after a 1992 incident in which he assaulted one woman and attempted to assault another, according to the court. The cops used DNA evidence to link him to two rapes from the previous year. In one of those incidents, he allegedly followed a restaurant employee to her home and raped the woman. Two days after that incident, he accosted a woman who was leaving a spa, pulled her down on an embankment, and held a knife to her throat while he sexually assaulted the woman, the court said. The defendant was released from prison in 2003, but he was sent back to jail four years later when he was caught peeping and masturbating outside a woman’s window.

gavelProsecutors based the civil commitment case primarily on the testimony of one psychologist, Dr. Rapa. The psychologist told the trial court that the defendant had since the 1980s “cruised” around looking for people as objects of masturbation, engaged in voyeurism, and fantasized about rape. Dr. Rapa also asked the defendant 10 questions designed to determine whether he was likely to commit additional crimes if released. Based on his age, his criminal history, and his responses to the questions, Dr. Rapa said his chance of committing another offense was 28 percent in the next five years and 43 percent over the next 10 years. She said the defendant suffered from voyeuristic disorder and anti-social personality disorder and recommended that he be placed in a secure facility, or otherwise he would be likely to commit new crimes.

The burden of proof required in any Florida criminal case is an important protection for people charged with sex and other crimes in the Sunshine State. Prosecutors bear the burden at all times of proving beyond a reasonable doubt that you committed the specific crime with which you have been charged. A simple hunch that you committed the crime – or even evidence showing that it’s more likely that not – is not enough to secure a conviction.

calendarIn a recent case out of Florida’s First District Court of Appeal, the court explained that there are some facts that prosecutors may not need to prove. In a child sex case, the court said the specific date on which the alleged crimes happened is one of them.

The defendant was sentenced to life in prison after being convicted of two counts of capital sexual battery against two children under the age of 12. He later appealed the decision, arguing that the victims were unable to say when the alleged abuse happened. He also said the prosecutors were unable to show that he actually committed the crimes during the time alleged in the criminal complaint:  April 2010 to April 2012 for the first victim and December 2011 to April 2012 for the other victim.

Florida sexual assault and battery cases often come down to one person’s word against another’s, especially in cases involving a victim and an alleged perpetrator who know each other. In a recent case, the state’s Fourth District Court of Appeal took on just one of those cases, including some unique questions about the victim’s previous claims of sexual battery.

The defendant was charged with armed sexual battery against his ex-wife, with whom he had previously been married for 20 years. The victim said she had just returned to her apartment from dropping her children at school when the defendant showed up. He allegedly told the woman that he had a knife in his backpack, said “now you’re going to get it,” and warned her not to make a commotion. The woman didn’t scream or fight the defendant when he then had sex with her inside the home, according to the court. She did run to a neighbor’s house when the defendant moved to get his cell phone. She called the police, who arrested him.

gavelSome of the details of the couple’s stormy relationship became clear at trial. They were married for 22 years when they separated in 2008. In a deposition, the victim said the defendant had previously tried to rape her in 2001. She also testified at length about being sexually abused by her employer years earlier, according to the court. But the judge blocked the defendant’s lawyer’s attempts to later ask the victim about those allegations at trial. DNA evidence showed his DNA, and a nurse who examined the victim said her injuries were consistent with her version of the events. The defendant was convicted and sentenced to at least 25 years in prison.

Anyone suspected of or charged with a sex crime in Florida should have an attorney by his or her side when talking to the police. As a recent case out of the state’s First District Court of Appeal shows, police interview statements can be later used against you in court.

police lightA defendant was arrested and charged with sexual battery on a person physically helpless to resist. The charge stemmed from an incident in which the defendant and a friend allegedly had sex with a female acquaintance at a party. The defendant denied having sex with the woman in an interview with a police officer. The officer explained that DNA tests would be performed to determine if he was telling the truth. The defendant, in response, told the officer that his DNA was likely on the sheets in the bed where the battery allegedly took place, and it could also be on the victim because she had been in the bed. He maintained, however, that he didn’t have sex with the woman. The officer responded as follows:

“Okay. So that’s what you’re gonna stick with. Because I’m going to find out probably if you did. I mean, I’m going to find—if you did, I’m going to find out. I don’t want to—I don’t want you to [mislead] me. One chance to tell me the truth. And that’s where we’re at. Final words.”

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Double jeopardy is an important protection for anyone charged with a sex or other crime in Florida. The double jeopardy rule basically says that a person cannot be charged twice for the same crime. What do we mean by the same crime? A recent case out of Florida’s Second District Court of Appeals sheds some light on how courts approach the issue.

police handcuffsThe defendant was charged with various crimes stemming from an incident in which prosecutors said he got a 14-year-old girl in his car against her will, drove her to a secluded area, and raped the girl. He dropped the girl at her school after the attack, according to the court, and she immediately reported the rape. Following a jury trial, he was convicted of sexual battery with a deadly weapon, lewd or lascivious battery, lewd or lascivious molestation, and kidnapping, among other offenses. He later appealed the lewd or lascivious battery and sexual battery convictions, arguing that they violated the double jeopardy protection.

“When considering a double jeopardy claim alleging multiple convictions for the same offense, we first consider whether the convictions arose from the same criminal transaction or episode,” the court explained. “If we conclude that the convictions arose from the same criminal episode, we must then determine if the convictions were predicated on distinct acts.” Finally, the court said it would look at the laws describing each crime to see if one crime requires an element of proof that the other does not.

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Florida police officers and investigators go to great lengths to investigate sex crimes and other criminal offenses. A recent case out of the Fourth District Court of Appeals shows some of the limits on the things that they can do to help secure a conviction.

barbed wireThe defendant was arrested and charged with three counts of sexual battery on a person less than 12 years old and one count of lewd and lascivious conduct. The charges came after a member of his family accused him of sexual abuse, according to the court. He declined to speak with police and requested a lawyer after being informed of his rights. He was placed in a jail cell while waiting for a bond hearing. A police informant who worked with cops in setting up and reporting prison drug transactions was also in the cell.

The informant told his handler shortly after the defendant was placed in the cell that he said he was facing sex crime charges and wanted to hire a hitman to kill the family member who accused him of abuse and the primary witness against him. The handler, who was not aware of the charges against the defendant, asked the informant to get more information on his intended targets. Following conversations with the informant and the handler, the police officer investigating the sex crime charges asked the informant not to seek additional information related to the charges. The cops did, however, ask the informant to present himself as “somewhat of a pedophile” to gain the defendant’s trust. They devised a scheme for the informant to offer to get the defendant in touch with a hitman.

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Sexual battery and other sex crimes are serious offenses that often come with significant penalties and jail time. Those penalties go up when the victim of the crime is a minor. As Florida’s Fourth District Court of Appeals recently explained, sexual battery on a minor encompasses a wide range of forceful behavior. Although the facts of this case may be tough for some readers to hear, the decision is an important one that offers some insight into what prosecutors, judges, and juries mean when they say “sexual battery.”

police handcuffsThe defendant was living in Broward County with his daughter and her boyfriend when the boyfriend’s twin nine-year-old nieces came to visit the home. At some point while her mother was taking a nap, one of the girls went into the defendant’s bed with him. The girl later testified that he pulled her pants down, pulled his own pants down, and rolled over toward her. The girl tried unsuccessfully to get away. Her sister then came into the room and also tried to help the girl get away.

“Although at trial the victim stated that [the defendant]’s penis ‘touched’ her ‘butt,’ he victim told others shortly after the incident occurred that [he] had put his penis ‘in her butt,’” according to the court. A medical examination following the incident did not show any signs of injury but did uncover semen near the girl’s anus and vagina. DNA testing showed it was the defendant’s semen. He was charged with sexual battery on a minor and convicted of the crime following a jury trial.

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