In Florida, sexual assault is any sexual activity which is forced upon the alleged victim without his/her consent or permission. This activity may include inappropriate touching, child sexual abuse, forced anal or vaginal penetration, sexual torture, forced sexual intercourse, or even forced kissing. Regardless of how minor or serious the allegations may seem, a conviction could leave you facing severe criminal penalties in addition to a tarnished reputation and ruined career. Sex crimes are viewed upon as particularly egregious by society, and unfortunately those accused are often perceived as guilty until proven innocent, although that is not how the law works. At Adams, Luka, & Benton, our Orlando sex crime attorneys will defend not only your freedom and legal rights, but your reputation as well.
Sexual assault is a very difficult charge for a prosecutor to prosecute, and a defense attorney to defend. This is because there is often little or no physical evidence, and often a case hinges almost solely on what the alleged victim claims, and what the defendant claims took place. In cases involving young children or teens, it could be that the young person was coerced or persuaded by an adult to create a story or say things that are not true. This may be due to jealousy, spite, or an attempt to get even or "pay you back" for something. Regardless of whether you are innocent, it is vital to discuss your situation with an aggressive and skilled defense lawyer who will examine your case and determine the best way to proceed.
Defenses to Charges of Sexual Assault in FloridaThe defenses available to fight allegations of sexual assault vary due to several factors, including the actual offense allegedly committed, age of the victim, relationship, if any, to the victim and whether a weapon was used. Sexual assault encompasses a wide array of offenses from those considered minor misdemeanors to those classified as violent felonies. Some of the defenses that may be effective depending on the facts of your case include:
While minors of a certain age in Florida cannot give consent to engage in any type of sexual activity, this may otherwise be an effective defense in some cases. People often engage in sexual activity of their own accord, then claim later that they did not engage in the activity consensually. This is often the case when an alleged victim was intoxicated by alcohol or drugs. Of course DNA evidence would be the strongest evidence to indicate your innocence, given the test results prove the DNA is not the yours.
Testimony of the alleged victim, any witnesses, physical evidence, prior criminal records, any communication between the victim/defendant on social media, through text messaging, or other communication devices - any and all of these things can be used in mounting a solid defense strategy. The most important step you should take as the alleged perpetrator of the crime is to work with a qualified sexual assault lawyer in Orlando.
Criminal Penalties for Sexual Assault in Orlando & Central FloridaThe criminal penalties a defendant is give if found guilty of sexual assault depends on the nature of the crime, the defendant's prior criminal history, and other factors. Penalties for a conviction may include:
Offenses such as sexual battery or rape may leave you facing up to 15 or 30 years, or even life in prison depending on the age of the victim. For many defendant's who spend a few months or a few years behind bars, the worst punishment of all is having to register as a sex offender. Those labeled sex offenders are often shunned in society, and are kept under close scrutiny by law enforcement officials. Finding employment becomes more difficult; it is not always possible to live in the home or neighborhood where you want to live.
Contact Adams, Luka, & Benton TodayWe understand the stress you are experiencing, and how frightened you may be. Your future, freedom, career, and possibly family relationships are at risk. As highly regarded Orlando sexual assault attorneys, we know what it takes to secure positive results, even in the toughest of situations. Call us now at (407) 872-0307 or (352) 787-2101 for a free consultation, and capable legal guidance.
I would like thank my attorney Thomas Luka. I knew from the beginning I had the right guy in my corner. While celebrating with family and friends at a Public Park in Seminole County, a fight broke out among various people. Myself, and a good friend, broke up the fight and the instigators left. Six months later, I was wrongly accused as the person who started the fight. The first attorney I hired could not even get a response from the State Attorney handling the case. Someone referred me to Tom and I felt comfortable at his demeanor and reactions.
After conversations with Tom, who knew I would settle for nothing less than a FULL DISMISSAL due to my innocence, I hired him. His firm Adams, Luka, & Benton did the due diligence by interviewing witnesses and the police who were on the scene, as well as starting a dialogue with the State Attorney. After gathering statements from witnesses, Tom was able to present a strong argument on my behalf to the State Attorney on why the case should be dismissed. If the State Attorney was not willing to dismiss the case, Tom was ready to take the case to trial.
The result by Thomas Luka: Case Dismissed.
I am 53 years old with a spotless record and glad to keep it that way thanks to the time, effort, hard work, and professionalism of Adams, Luka, & Benton.