Broward criminal lawyer William Moore believes that sex crimes are among the most difficult – both to sufficiently prove and to defend against. While that may seem like a contradiction, sex crimes are particularly difficult cases for prosecutors and criminal defense attorneys alike. On one hand, the state attorney’s burden of proving a crime beyond a reasonable doubt is difficult in most scenarios: frequently, the only person who can provide testimony pertaining to the actual crime is the victim. This is a problem that prosecutors also often face with domestic violence cases – there is a “he said, she said” element. Although judges and juries are free to weight the credibility of testimony, a single person’s account of events is difficult to rely upon alone to send a person to prison without corroborating evidence.
The strongest prosecutorial cases are those which have additional evidence beyond the victim’s (or victim’s parents’) and a police officer’s testimony in court. The testimony of wholly unbiased witnesses who can corroborate portions of the victim’s account will make the overall story significantly more reliable. For example, if the victim testifies that she was pushed against her will into a classroom at a university, where she was then sexually assaulted, the victim’s description of events becomes more believable if a professor saw her on the same floor either before or after the alleged assault. Likewise, physical evidence, especially DNA, is an extremely powerful tool for a prosecutor to use – when available – the meet the state’s burden of proof. Another factor that makes sex offenses more difficult to prove is the fact that when they occur, they are often not reported until later, perhaps weeks or months. This delay hampers the investigation by law enforcement and their efforts to gather evidence.
From the perspective of a criminal defense lawyer, a sex crime accusation – especially for crimes involving children – may taint a defendant’s credibility in the eyes of a jury, despite their best efforts to remain unbiased. The heinousness of a sex crime can leave a jury looking for someone to blame and it is important that they are instructed carefully about the state’s burden. The consequences of a wrongful conviction for a sex crime are far-reaching and include placement on the Florida sex offender registry. For those individuals whose past actions meets certain standards, such as the propensity to prey on children, they will be labeled sexual predators and remain on the list permanent. For others, they will like spend a minimum of 25 years on the registry, even if they never commit another crime again.
Broward criminal lawyer William Moore has experience in all kinds of criminal defense, including sex crimes and DUI. A conviction for a felony or misdemeanor can have consequences on your freedom, your employment, and your personal life. If you have been arrested or charged with a crime in the south Florida area, contact William Moore, P.A., which has offices in Fort Lauderdale-Dade, Broward, and Fort Lauderdale Counties.
Nothing in this article should be construed as advice or the formation of the attorney-client relationship.
Article contributed by Mallory Shipman, Esq.