Articles Posted in Sexual Battery

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.The 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.”The 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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