Sex crimes are a severe type of offense that can affect the perpetrator’s and victim’s lives forever.
Being accused and convicted of sex crimes bring with it a long-list of potential legal and social challenges. Read below to learn what are sex crimes and the different types of them.
How is a Sex Crime Defined?
Sex crimes occur mainly when violence and coercion are used to force another person into a sexual situation. This also applies to situations where, legally, consent cannot be given, such as relationships with minors. The frequency of sex-related offenses may shock you; studies show that one in nine Florida women have been victims of rape.
We can’t stress the necessity of a sex crimes attorney enough. This is due to the array of repercussions that come with being convicted of one of these offenses. Not only can you be subjected to jail time, but there are also various fines and the need to register as a sex offender.
Types of Sex Crimes
There are many types of sex crimes by definition in the state of Florida. Each has a specific penalty, as well, which is why we stress the importance of hiring a sex crimes defense attorney as soon as possible in the event of being accused.
The most common type of sex crime is sexual assault. This occurs when unwanted sexual contact is forced upon another person; actions that fall under this category include unwanted groping and kissing, as well as threats and battery. Other offenses include:
- Rape or aggravated sexual assault
- Statutory rape
- Sexual battery
- Lewd and lascivious offenses
- Indecency with a child or molestation
- Sexual assault of a child
- Possession of child pornography
- Internet sex crimes
- Marital rape
- Institutional sexual assault
- Indecent exposure and assault
- Sexual intercourse with an animal
- Forcing a child into prostitution
- Sexting
- Sexual exploitation of a minor
- Incest
Penalties for Sex Crimes in Florida
Depending on the type and severity of the offense in question, the penalty will vary. Other factors that affect this include the age of the victim, whether the victim is disabled, and whether a weapon was used.
In Florida, being convicted of a second-degree misdemeanor can yield 60 days of jail time and/or up to $500 in fines. A first-degree misdemeanor will extend jail time to a year and/or a fine of up to $1,000.
A third-degree felonious sex crime can result in a fine of up to $5,000 and up to five years in prison. A second-degree felony can yield up to 15 years in jail and $10,000 in fines. A first-degree felony sex crime conviction will bring up to $10,000 in fines and up to 30 years behind bars.
Someone charged with a life felony can face between 30 years and the rest of their life in jail, as well as up to $15,000 in fines. The most severe case is a capital felony. Being convicted of a capital felony can result in the death penalty in the state of Florida.
Outside of jail time and monetary fines, convicted sex offenders will receive collateral consequences, as well. These include a damaged reputation, loss of relationships, the inability to get a job, needing to register as a sex offender, a permanent criminal record, and the inability to receive government-based grants and scholarships.
Being labeled as a sex offender in Florida is a hefty burden. If you are a convicted sex offender out of Florida, there are so many penalties and so many rules to comply with. Get a free consultation from criminal defense attorney Thomas C. Grajek in Lakeland, Lutz, or Tampa by calling 863-688-4606 today.
Contact a Sex Crimes Defense Attorney
If you’re concerned about being accused of being a sex offender or needing to register as one, contact our offices. We understand how serious and life-changing it can be to go through this process.
Protect your rights by calling (863) 688-4606 for a free consultation with a defense attorney. We provide representation to those in Tampa, Lutz, or Lakeland. In addition to sex crime defense, we provide defense for felony charges, theft, drug charges, DUI, misdemeanors, and assault.
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Types of Sex Crimes FAQs
Could an adult be charged with a sex crime if a minor coerced him/her into sexual activity?
Yes. In the state of Florida, it is illegal for an adult to engage in sexual activity with anyone under the age of 18. Even if the minor gives consent, it is statutory rape, which is still a sex crime.
Do I risk being arrested if I don’t speak to the police when they ask me about my sex crime allegation?
No. You won’t be arrested for not speaking to the police, but you may be arrested under reasonable suspicion of committing a sex crime; this doesn’t mean you’ve been convicted.
You have the right to deny speaking to the police while in custody until your representation is hired or appointed. We recommend not speaking to the police until you have a defense attorney at your side.
Is the victim partially at fault if both people were drunk when the sexual assault occurred?
No. By Florida law, if a person is incapacitated, whether by mental disability or by intoxication, they cannot legally consent.
What is the level of offense severity of sexual battery?
Sexual Battery has a Level 8 offense severity ranking since it is considered a second-degree felony under the state’s criminal punishment code. A judge is required to sentence the defendant a minimum of 94.5 months in prison unless there are grounds for a downward departure. If convicted, the defendant will be serving his/ her sentence and be subjected to fines and sex offender probation.
What is the restriction regarding residency and work for registered sex offenders?
Once you are registered as a sex offender, there are additional restrictions for you. One is where you can live. Once convicted of a certain sex crime involving a child under 16 years of age are restricted from living within 1,000 feet of places where a high number of children (schools, playgrounds, daycare centers, or parks) are present.
Will the punishment for a sex crime be worse if a deadly weapon is used?
Sexual battery alone is already a serious crime. However, if the suspect used a deadly weapon to commit sexual battery, the punishment will be more severe. The offense will also be classified as a Level 10 offense, which is a life felony. The minimum sentence for this crime is up to 126 months imprisonment, up to a term of life in prison.