Sex Crimes Defense in West Palm Beach
A sex crime accusation is among the most serious charges a person can face. The consequences of a conviction extend far beyond incarceration and fines. A conviction requires mandatory sex offender registration, restricts where you can live and work, and leaves a permanent stigma that follows you for the rest of your life. In many cases, the damage begins the moment an accusation is made, before any charges are filed and long before a verdict is reached.
If you have been accused of a sex crime in South Florida, you need an attorney who understands both the law and the stakes. Call Jeacoma Law today for a confidential consultation.
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- SEX CRIMES IN FLORIDA
Florida Sex Crimes: An Overview
Florida prosecutes a wide range of offenses under the umbrella of sex crimes. The most serious offense is sexual battery under § 794.011, Fla. Stat., which Florida uses in place of the term rape. Sexual battery is defined as oral, anal, or female genital penetration by or with another person’s sexual organ, or anal or female genital penetration by any other object, except for a bona fide medical purpose. The severity of the charge depends on the ages of the parties involved, the circumstances of the offense, and any aggravating factors.
How the Charges Are Classified
- Victim 18 or older, no force likely to cause serious injury:A second-degree felony punishable by up to 15 years in prison.
- Victim 12 to 17, offender 18 or older, no force likely to cause serious injury:A first-degree felony punishable by up to 30 years in prison.
- Aggravating circumstances:When the victim was physically helpless, drugged, threatened, or subject to the offender’s familial or custodial authority, among other listed circumstances, the charge becomes a first-degree felony, or, if the offender was an adult and the victim a minor, a first-degree felony punishable by up to life.
- Deadly weapon or force likely to cause serious injury:A life felony punishable by up to life in prison.
- Offender 18 or older, victim under 12:A capital felony. Florida law provides for the death penalty or life imprisonment without parole.
- Offender under 18, victim under 12:a life felony.
- Lewd or lascivious molestation:By an adult on a child under 12, a life felony with a 25-year mandatory minimum under Jessica’s Law. By an adult on a child 12 to 15, a second-degree felony.
The Dangerous Sexual Felony Offender Act
Sex Offender Registration
A conviction for a qualifying sex offense requires registration as a sex offender under § 943.0435, Fla. Stat., and that requirement applies even if adjudication is withheld. Registration is not merely an administrative requirement. It dictates where you can live and work and requires regular in-person reporting to law enforcement. Under state law, a registrant whose victim was under 16 may not live within 1,000 feet of a school, child care facility, park, or playground. Many Florida cities and counties impose stricter local limits, some as far as 2,500 feet. Failure to comply with registration requirements is itself a third-degree felony.
For certain offenses, the designation is elevated to sexual predator status, which entails even more restrictive conditions and active community notification.
Common Defenses
Sex crime cases are highly fact-specific, and the defense strategy depends entirely on the evidence.
Consent is the central issue in many sexual battery cases involving adults. Florida law defines consent as intelligent, knowing, and voluntary, and it does not include coerced submission. The failure to physically resist is not, by itself, evidence that consent was absent. However, consent is not a defense when the alleged victim is a child under the age set by the statute, and Florida does not allow ignorance of the alleged victim’s age as a defense.
False accusations occur. These cases often arise in contentious divorces, custody disputes, troubled relationships, or personal conflicts. Contradictions in the accuser’s account, motive to fabricate, and lack of corroborating physical evidence are all relevant and can be challenged at trial.
Misidentification applies when the defendant was not the person who committed the alleged act.
Lack of evidence applies where the State cannot prove the elements of the offense beyond a reasonable doubt. Physical evidence, medical findings, and digital evidence are all subject to challenge.
Constitutional violations, including unlawful searches, improper interrogations, or violations of the defendant’s rights during the investigation, can lead to the suppression of evidence.
Talk to a Sex Crimes Defense Attorney
An accusation is not a conviction. There are defenses available, and the outcome of a sex crime case depends heavily on the quality of the defense from the outset.
Andrew Jeacoma is a former Palm Beach County assistant public defender who tries cases and handles accusations like this personally, exercising the discretion they require. Call (561) 603-2203 for a confidential consultation. Serving clients throughout South Florida, including Palm Beach, Martin, and St. Lucie counties.
Why These Cases Call for Immediate Attention
Sex crime investigations often begin long before an arrest is made. Law enforcement may attempt to contact the person under investigation to obtain a statement, and may arrange a recorded call from the accuser. Anything said during that contact can be used against you. Say nothing, and call an attorney before you speak with law enforcement. During the investigative stage, investigators also gather electronic evidence, text messages, and social media activity. An attorney involved early can advise you on your rights and help ensure that the investigation does not go unchallenged.
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