English lawyer Sir William Garrow coined the phrase, innocent until proven guilty to explain the legal presumption that the prosecution bears the burden of proof in any case. In the American criminal justice system, this is not just a phrase but a legal right of the accused. In some cases this right holds true but it is difficult for many in the public and the courts to apply such a thought process to criminal cases involving sex crimes.
The state of Florida recognizes two distinct classifications for sex criminals: sexual predators and sex offenders. Although the two terms may sometimes be mistakenly used interchangeably in media coverage of a local sex crime, the distinction is important.
Some examples of sex offenses in Florida include:
- A sex crime involving a minor
- Child pornography
- Statutory rape
- Forced prostitution or human trafficking
- Indecent exposure and public sexual indecency
- Infamous crimes against nature
- Sexual assault of a spouse
- Sexual performance by a child
- Kidnapping, aggravated assault, murder, unlawful imprisonment and burglary can all be considered a sex offense if there is evidence to prove a sexual motivation behind them
As you can see from the list above, many of the sex crimes in Florida involve happenings with a minor. In Florida, 18 is the age of consent but the law has been lenient when there is an age proximity and for circumstantial exceptions. For an individual to be classified as a sexual offender, he must be convicted of a sex offense involving a minor.
Generally speaking, a sexual predator label is used to describe those individuals that have been convicted of a first-degree felony sex crime or two second-degree felony sex crimes. A court can also determine that an individual is a sexual predator—this typically happens with repeat sexual offenders. Florida law requires a written court finding for an individual to have a sexual predator status. Without such a finding, he or she will simply be classified as a sex offender. There are special laws and procedures relating to children and sex crimes we will talk about separately in an upcoming blog.
Whether classified as a sex offender or a sexual predator, individuals are required to register their status in their area of residence and will ultimately face potentially devastating work and residency restrictions for the rest of their lives. These restrictions can become especially punishing in urban areas because of the restrictions relating to schools, etc. Because of this enduring punishment, defending a sex crime charge is an extremely serious matter. Hiring a skilled attorney to assist with your defense in any sex crime case is a very wise decision.
The attorneys at Fineblook & Haenel P.A. are extremely knowledgeable when it comes to Florida courts and laws relating to sex crimes and understand the importance and sensitivity of your case. There are many viable defenses to a sex crime charge, get in touch with a Orlando Sex Crime Lawyer to discuss your options.
