Jacksonville Criminal Defense Attorney Blog
While Bill Cosby has certainly been accused by many women of sex charges, only one case to date has been filed. Cosby faces prosecution in Pennsylvania for allegedly giving the woman drugs without her consent and having sexual relations with her. Los Angeles prosecutors have recently decided not to charge the television star in two accusations from two woman in the California city, according to an article in the LA Times.
In one of the cases in California, prosecutors decided there wasn’t enough evidence to prosecute this alleged sex crime. In Jacksonville and all of Florida, this alleged crime would most likely be categorized as a Sexual Battery without force. To prove this, the state attorney would have to show that the suspect’s sexual organ penetrated or had union with the victim’s sexual organ. They would also have to prove the victim was physically helpless to resist or that the suspect administered a narcotic or other intoxicant to the victim unknowingly and without her consent that rendered her incapacitated. These Jacksonville sex charges are sometimes hard to prove because the victim admits that he or she was not of sound mind at the time and most likely cannot provide details. Often times, prosecutors will bring a sex case just based on the alleged victim’s word. Sometimes, there is no physical evidence to even prove that a crime was committed at all. This is a scary prospect because the punishments are so severe if one is convicted of any sex crime in Florida. There are minimum mandatory sentences and a lifetime sentence of becoming a registered sex offender or predator.
The other California case was not brought because of the expiration of the Statute of Limitations. The Statute of Limitations is a bar on the prosecution of crimes because of too much time lapsing. In Florida, there are several categories with different time limitations. There is no time limit for the state to prosecute life felonies or capital felonies. These cases consist of murders and certain sex crimes, such as capital sexual battery. A first degree felony must be prosecuted within four years after the offense date. A second and third degree felony in Florida must be commenced within three years. First degree misdemeanors hold a two year time limit and second degree misdemeanors hold a one year time limit.
If accused or arrested for any sex crime in Jacksonville, it is of the utmost importance to consult with an Experienced Sex Crime Attorney that has not only handled sex cases, but has defended sex charges in trial.
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 Crimes Attorney, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.