Being accused of a sex crime in Florida can carry significant consequences, including lengthy imprisonment, hefty fines and lifelong registration as a sex offender. The penalties imposed depend on the nature of the crime, but Florida also sets mandatory minimum sentences for certain offense. For example, sexual battery (the legal term for rape) carries a minimum sentence of nine years in prison and is punishable by up to life. With such extreme penalties possible, it is important to understand the possible defenses available. 

While every case is unique and requires thorough legal analysis, here are some common defenses that may be applicable in sex crime cases in Florida:

1. Consent — The essence of this defense is that the victim agreed to the conduct in question. Consent, according to Florida statute, must be “intelligent, knowing, and voluntary,” which means it cannot be obtained through coercion. Evidence supporting consent may include communications, witness testimony or the victim's prior behavior.

2. Mistaken identity — This defense is often asserted when there is scant concrete evidence tying the defendant to the alleged offense. The defendant can try to show that the accuser misidentified them due to such factors as having a similar appearance to the actual perpetrator.

3. False accusations — It might be proved that the accuser fabricated the allegations or had ulterior motives such as revenge, jealousy or coercion. This defense may involve presenting evidence of the accuser's credibility issues or demonstrating inconsistencies in their statements.

4. Lack of evidence — This defense strikes at the prosecution’s evidence linking the defendant to the alleged offense. This could include challenges to the reliability of witness testimony or to the credibility of the accuser.

5. Statute of limitations — In Florida as elsewhere, there are time limits for prosecuting certain crimes, including sex offenses. If the alleged offense occurred outside the applicable limitations period, the defense may argue for the case to be dismissed on procedural grounds.

6. Entrapment — The defendant might be able to demonstrate that a law enforcement officer coerced or manipulated them into engaging in criminal conduct that they would not otherwise have committed. 

7. Alibi —The defendant might be able to provide witness testimony to establish that they were elsewhere at the time of the alleged offense. Other alibi evidence can include surveillance footage or electronic records that corroborate the defendant's whereabouts.

A skilled defense attorney with experience in sex crime cases can evaluate the specifics of your situation and craft a defensive strategy tailored to your circumstances. 

The Law Offices of Tad A. Yates, P.A. in Orlando is experienced at raising strong defenses to sex-offense charges in Florida and at pursuing all avenues of negotiation to avoid the drastic consequences of conviction. Call us at 407-608-7777 or contact us online to schedule a consultation.