Sex crimes are a class of criminal felony offenses that are sexually motivated in nature. They are among the most serious types of crimes. A conviction of a sexually motived offense will always result in a sexual offender designation, required mentally disordered sexual offender probation,
residency restrictions and either a lengthy prison sentence and/or probationary term. Some of the offenses that fall under sex crimes include:
- Child Pornography
- Child Rape
- Lewd and Lascivious Behavior
- Sexual Battery
- Statutory Rape
Most sexually motivated offenses involve people who know each other. Usually, it will be a friend, former significant other, or family member who makes an allegation that there were sexually abused or violated. It could be something as shocking as a young child alleging that a family member touched them inappropriately or a love interest or friend claiming that they were intoxicated and don’t remember what happened. A sex crime can be a young person sending half-naked pictures to a love interest or an adult downloading and sharing pictures that sexually depict children.
The greatest difficulty in defending a person accused of a sex crime is that prosecutors, judges, and juries almost always presume these individuals guilty. Juries are the hardest to convince because jurors always think, “why would a person lie about that.”
There are many reasons why a person would lie about being the victim of a sexually motivated crime. It is more common than the general population realizes. The most common reason for a false accusation is revenge. A former partner or jilted lover will allege a sexual offense to get even with the accused individual. It can be a one-night stand where one party doesn’t return phone calls or texts and the other party calling 911 and claiming that there were drugged and raped. The allegations can be familial in nature, such as a child being coached into lying to satisfy the nefarious motives of a former spouse, lover, or disgruntled family member. Many people find themselves falsely accused of these crimes every day.
What should I do if I am accused of a sexually motivated crime?
First of all, do not talk to anyone other than your lawyer. If anyone alleges that you or someone close to you was the perpetrator of a sexually motivated offense, call an experienced lawyer immediately. Even if it is the weekend, after hours, or a holiday, call a lawyer. Most criminal defense attorneys have a 24-hour answering service that will be able to direct your phone call outside of business hours.
Do not text or call the alleged victim. Do use Facebook, Twitter, Instagram, Snapchat, or any other communication form to try to speak with the accuser or their family. If someone contacts you through any social media platform, through text message, or by phone asking questions about the allegations, do not respond to them. Do not even respond that you are innocent. Do not, under any circumstance, confide in anyone before speaking to a lawyer.
If the alleged victim or someone close to them calls you and tries to get, you to explain what happened or your recollection of the events, immediately hang out the phone and call your lawyer. It is a common police tactic to use a controlled phone call with the alleged victim, or their family or friends, to initiate a phone call to the accused. That phone call is always being recorded and is designed to get the accused person to incriminate themselves. And the scary part is that even though the police are listening in, recording the conversation, and usually directing the caller what to say, anything the accused individual says on that phone call can be introduced as evidence of guilt even though the accused was never read their Miranda rights. Don’t face a sex crime alone. Call an experienced lawyer like Brian Kirlew, Esq. to protect your legal rights.
Our Areas of Specialty
The fact is, there’s always something going on in a thriving metropolis like Miami. That means it’s easier than you might imagine to find yourself facing criminal charges. Given the dynamic nature of our city, it only makes sense for Brian Kirlew and his defense team to be flexible and responsive to the needs of his clients.
Our firm represents clients charged with any and all types of offenses in Miami and the greater South Florida area. The skills of an intelligent and experienced Miami criminal defense lawyer translate to all areas of criminal law. Therefore, we do not like to be bound by one or two particular areas as our “specialty.” We find defending against a broad spectrum of crimes to be more interesting and enjoyable to our practice.
Brian Kirlew, Esq. is experienced in defending all kinds of criminal felony and misdemeanor charges in the greater Miami area, including:
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When you’re facing criminal charges in Miami, time is of the essence. It’s important that you have the proper legal representation to ensure that you get the best outcome possible from your trial. At the Kirlew Law Firm, you, your family, and your business are what matter most to us. We want to ensure that you enjoy every advantage that our thorough and collaborative approach to criminal defense has to offer.
Brian Kirlew is here to represent you. You can schedule your free phone consultation with our criminal defense lawyers today to begin building a sound defense strategy.