A Fletcher High School teacher was arrested for unlawful sexual activity with certain minors this week. According to a report in The Florida Times Union, the teacher is accused of having sexual contact with a girl who is either sixteen or seventeen years-old. Police allege that the two had intercourse and oral sex at the school, according to the article. The alleged victim cooperated with police during their investigation and apparently wore a recording device on her person to document their conversations. Once police completed their investigation, they sought and obtained an arrest warrant for this sex charge with a $35,003 bond. The report indicates that the teacher invoked his right to remain silent when interviewed.
Unlawful sexual activity with certain minors is a second degree felony in Florida punishable by up to fifteen years in prison. Along with the possible prison term, this charge, along with all Jacksonville sex charges, can lead to the lifetime sentence of becoming a sex offender or predator. To prove this charge, the state attorney’s office must show that there was sexual activity between someone who is twenty four years-old or older and the alleged victim is sixteen or seventeen. Under Florida statutes, “sexual activity” is defined as any oral, vaginal or anal penetration or union with another’s sexual organ or an object. The alleged victim’s prior sexual history is considered not relevant under Florida law.
During police investigations or sex accusations, JSO detectives follow a similar pattern. It starts with a report of unlawful sexual activity, which can be sex with minors to allegations of rape. A sex crime detective is assigned and depending on the age of the alleged victim, will interview the alleged victim. If the victim is under eighteen years of age, the Child Protection Team will interview the minor. If the case calls for it, a medical examination will be conducted as well. Once an interview is done, the police will turn their attention to the alleged assailant. One common tactic is to initiate a controlled phone call. This is a recorded phone conversation between the alleged victim and the suspect. The victims are instructed on what to say and even during the conversation, get prompts from the detective who is sitting nearby. The goal is to get the suspect to make some kind of admission. In the Fletcher teacher’s case, the girl wore a recording device. This tactic is less common, but is used sometimes. Police will then attempt to interview the suspect. If you are approached to “give your side of the story” to police, don’t. Detectives are allowed, even taught, to lie to potential sex crime suspects. Common lies include telling the suspect his or her DNA was found on the victim when they have none, or that the victim has injuries that the actually don’t. It is so important to consult with an attorney who is experienced in Florida sex crimes before talking to anyone else, especially the police.
If you or a loved one needs a criminal defense attorney in Jacksonville or the surrounding area, call The Mussallem Law Firm at (904) 365-5200 for a FREE CONSULTATION. Our Duval County Sex Attorney, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.