In Florida, the term “child molestation” means any allegation of improper touching that relates to sexual battery, lascivious conduct, or lewd offenses when the alleged victim is 16 years of age or younger. The law enforcement officers that conduct the investigation may move forward with an arrest before even determining whether any physical evidence supports the allegations.
In this article, we’ll go over the broader category of sexual crimes, and how molestation is penalized in Florida.
Melbourne Molestation Defense Attorney
Because of the difficulties in proving such charges, Florida statutes often broaden the admissibility of “similar fact evidence” and weakens the prohibitions against hearsay. As a result, the mere allegation is often sufficient evidence even when other facts show that the allegations are false. Obtaining experienced representation early in the case is important so that person accused is protected.
The criminal defense attorneys with Germain Legal in Brevard County, Florida, are experienced in aggressively representing clients who are facing serious charges of child molestation, lascvious conduct, sexual battery, or lewd offenses.
Our Melbourne defense lawyers are knowledgeable in defending clients in in Brevard County, Indian River County, Volusia County and Osceola County.
What is Molestation?
As mentioned previously, molestation refers to touching. It is often charged alongside other sexual crimes like rape and sexual assault. To be convicted of molestation, the prosecution must prove that the case meets the following criteria:
- Sexual Battery: Defined as any sexual intercourse, oral or anal sexual conduct, or any other sexual act performed on a person without their consent or on a person who is incapable of giving consent due to age.
- Child Molestation: This is specifically referred to as “lewd or lascivious acts” against a minor. This can include inappropriate touching, fondling, or other sexual acts.
- Victim Age: In Florida, the legal age of consent is 18. Any sexual act involving a minor under this age is considered a crime, regardless of the minor’s apparent consent.
Molestation is a strict liability crime, which means the intent to commit the crime is extraneous to determine guilt of committing the crime.
Penalties for Molestation in Florida
The penalties for Molestation differ based on the age of the offender and whether the child was over the age of 12. Molestation of this form could be prosecuted as either a life-time felony, 2nd degree felony, or 3rd degree felony.
Life Felony Penalties
- A maximum sentence of life in prison
- A minimum sentence of 25 years in prison followed by probation or community control for a life time
2nd Degree Penalties – Level 7 Offense
- A maximum sentence of 15 years in prison
- A minimum sentence of 4 ¼ years in prison
3rd Degree Penalties – Level 6 Offense
- A maximum sentence of 15 years in prison
- A minimum sentence of 3 years in prison
Individuals actually convicted of child molestation are declared to be “sexual offender” who are forced to meet the terms of the sexual offender registration laws throughout Florida and the U.S.
Possible Defenses Under Law
Despite the severity of charges and penalties, defendants in child molestation cases may present several legal defenses.
Consent Defense: While consent is not a valid defense in cases involving minors, in certain circumstances involving adolescents close in age (often referred to as “Romeo and Juliet” laws), a defense may argue that the individuals involved were close enough in age to mitigate charges. However, this is heavily restricted and depends on the specifics of the case.
False Allegations: Defendants may claim that the accusations are false. This can occur due to misunderstandings, miscommunications, or malicious intent on the part of the accuser. Evidence supporting the defendant’s credibility and character may be crucial in such cases.
Lack of Evidence: The prosecution must prove the defendant’s guilt beyond a reasonable doubt. If there is insufficient evidence to substantiate the allegations, the defendant may be acquitted.
Mistaken Identity: A defense may assert that the defendant was misidentified as the perpetrator. This can involve presenting alibi evidence or demonstrating that the victim’s identification of the defendant was unreliable. This can happen if the child was sleeping or thought to be asleep and did not actually see their abuser.
Additional Resources
Sexual assault prevention – The state website of the Brevard and Seminole County district attorney provides contact information to report sex crimes as well as a guide for what not to do after an assault.
How to spot sexual abuse – This guide provides an overview of some key indicators that a child may be experiencing physical, sexual or emotional abuse. Some of these include fear of adults, unexplained injuries and heightened sexual knowledge.
Hire a Criminal Defense Lawyer for Child Molestation in Brevard County
Germain Legal is experienced at aggressively defending clients for Molestation sex crimes.
Our office is located in Melbourne, Florida and we proudly serve the surrounding communities of Palm Bay, Titusville, Rockledge, Merritt Island, Cocoa, and Satellite Beach in Brevard County, Vero Beach and Sebastian in Indian River County, Deltona and Dayton Beach in Volusia County, and Kissimmee and Poinciana in Osceola County.
Contact Germain Legal by calling (321) 775-3559 or submit an online form today to start building your defense.
