Jacksonville Criminal Defense Attorney Blog
A fireman in Jacksonville, Florida has been arrested for a sex charge in Duval County and remains in jail on no bond. According to an article in the Florida Times Union, Daniel Evans has been accused of raping a woman in downtown Jacksonville. A witness flagged down a Jacksonville Sheriff’s Office officer and told the officer a man was beating a woman in an alley between the buildings. The officer reports he saw the suspect run from the area. Police eventually found the running man, who they claim was Daniel Evans. The alleged victim was crying and lying face down. She told police she had just left a bar and was suddenly struck in the side of her head. She told police she was drug into the alley and was raped. A witness identified Evans as the suspect. Police say the firefighter was highly intoxicated.
When people, mostly men, are arrested for sexual battery or “rape” in Duval, Clay or Nassau County, it is usually the woman telling police she did not consent to the sexual contact. Under Florida law, “consent” is defined as a knowing, intelligent, and voluntary consent. If the woman does not put up a physical fight, under the law, that does not mean she consented. To be convicted of this Jacksonville Sex Crime, the state attorney has to prove that the suspect orally, anally, vaginally penetrated or has union with the sexual organ of someone without their consent. In this Duval County Sex Case, because the woman claims the suspect used actual physical force likely to cause serious personal injury, the Jacksonville sex felony is punishable by up to life in prison.
Just because someone is arrested for sexual battery in Jacksonville, that does not mean that the charges will absolutely be filed. The state attorney’s office has the discretion to make a decision to file formal charges or drop the charge entirely. That is why it so important to consult with an Experienced Jacksonville Sex Attorney immediately. As a Duval County Sex Attorney, I contact and meet with the assistant state attorney assigned to the case. Our Jacksonville Sex Crime Law Firm presents information the police may have overlooked or simply did not want to hear or collect. We point out the flaws in the case and often are able to get the sex charge dropped. Contact our Jacksonville Sex Crime Attorney, Victoria “Tori” Mussallem at (904) 365-5200 for a FREE CONSULTATION.