Child Sexual Abuse Lawyer in Tampa

What Are the Laws About Child Sexual Abuse in Florida? 

Some child sexual abuse laws fall under Florida Statute 800.04, which discusses lewd molestation. An individual who intentionally touches the following areas of a child under 16 can be subject to criminal charges for lewd molestation: 

• Breasts 
• Buttock 
• Genital area 
• Clothing covering one of these areas 

Further, the law states that enticing or forcing a child under 16 to touch these areas violates the law. 

The penalties for lewd molestation are as follows: 

• Third-degree felony if the minor was between 12 and 16 and the offender was an adult under 18 
• Second-degree felony if the minor was under 12, and the offender was under 18, or the child was between 12 and 16, and the offender was over 18 
• Life felony if the minor was under 12 and the offender was over 18 

Other laws discuss sexual assault and sexual battery in Florida, which have similar penalties to lewd molestation. 

Sexual battery of a child has the most severe penalty, which is life in prison. In some serious sexual violence cases, the court can even impose the death penalty. Because of the severity of all child sexual activity crimes, you must hire a child sexual abuse lawyer to represent you in court for these charges. 

Several other laws also discuss child sex abuse. For example, under Florida Statute 39.301, if a child is a victim of sexual assault and needs supervision and care, the central abuse hotline will determine if an immediate onsite protective investigation is necessary and handle the next steps. 

Additionally, in Florida Statue 39.0139, the government recognizes that child victims of sexual abuse are at risk of suffering further harm during contact with their abuser and that visitation with the abuser could influence the child’s testimony. 

Thus, it’s the responsibility of the state to protect children and reduce the risk of further harm. This could mean finding a new school or daycare, placing them with another family member, or locating a foster family. 

Sex Abuse Cases We Handle 

Mike G handles all types of sex crime cases, such as: 

• Child pornography 
• Child sexual abuse or molestation 
• Indecent exposure 
• Lewd and lascivious sexual crimes 
• Solicitation of prostitution 
• Rape and sexual assault 
• Sexual battery 
• Statutory rape 

Common Defenses Against Child Sexual Abuse Charges 

Disclaimer: The defenses discussed here do not constitute professional legal advice from a child sexual abuse attorney. For specific advice about your child sexual abuse case, you need to speak with a child sexual abuse lawyer in Tampa. 

Some legal defenses your lawyer may use in a child sex abuse case include: 

• Consent (if the victim was old enough) 
• False accusations 
• Forensic investigation errors by law enforcement 
• Innocence 
• Lack of lewd intent 
• Mistaken identity 
• Right to counsel denied 

Not every defense will be valid in every sexual misconduct case, so you must meet with a sex abuse lawyer to determine your situation’s best defense strategy for your criminal case. 

Our Process: What to Expect From Mike G Law 

The first step is for you to come into our law office for a free consultation so we can review your sexual abuse case. This is a confidential consultation. No one will know about the details of your case unless you give written authorization permitting otherwise. 

Mike G will guide you through the legal process every step of the way. From collecting evidence to negotiating with prosecutors, he will keep you informed about the progress of your case and always fight for the best outcome possible. Mike G takes pride in building a strong attorney-client relationship and representing his clients to his highest capacity to obtain justice. 

FAQs About Child Sexual Abuse Lawyers in Tampa 

If the police have accused or arrested you for child sexual abuse, you’re probably worried and have many questions. Let’s answer some of the most common FAQs we receive regarding childhood sexual abuse. 

What is considered sexual abuse in Florida? 

Florida law states that sexual abuse is the forcing of an unwanted sexual act on another person through coercion or threats. Child sexual abuse can include any sexual contact, taking pictures of nude children, or touching a child inappropriately or sexually. 

What kind of lawyer do I need if I’m accused of child sexual abuse? 

A good one, for starters. There are many child sexual abuse lawyers, but you need someone well-versed in the Florida criminal and legal system and respected by law enforcement officials, judges, and other institutional officers. And that’s Mike G Law. 

The officers and justices in Tampa know that Mike G means business, and anyone he represents will need sufficient evidence presented and legitimate accusations, or they won’t get very far. 

You’re in good hands with Mike G Law. 

Is there a statute of limitations on sexual abuse in Florida? 

Most severe cases of child sexual abuse victims’ cases in Florida do not have a statute of limitations for criminal charges. However, there is a statute of limitations for some civil claims. 

The statute of limitations to file a civil suit are as follows: 

• Seven years from the victim’s 18th birthday 
• Four years from the time the victim realizes a connection between an injury and the abuse 
• Four years from the time a victim stops relying on their abuser 

What is Donna’s Law in Florida? 

When searching “Donna’s Law,” you’ll see several national laws, including a few for gun sales reform and suicide prevention. However, Donna’s Law is entirely different from these topics in Florida. 

CS/HB 199 – Sexual Battery Prosecution Time Limitation, or Donna’s Law, came about when Donna Hendrick learned the state of Florida wouldn’t prosecute a man whom she said raped her as a teenager because the statute of limitations had passed. As a victim of childhood sexual abuse, her window of opportunity to go after her abuser was no longer available. 

Governor Ron DeSantis signed the bill into law on June 23, 2020. The law states that there is no statute of limitations for prosecuting sexual battery when the victim is younger than 18 at the time of the offense. However, the law is not retroactive. Thus, it only applies to violations after July 1, 2020. 

What is the minimum sentence for sexual assault in Florida? 

The minimum sentences for sexual crime cases depend on the crime, the victim’s age, and if there were any aggravating circumstances. Mandatory minimums for sex crimes are between 15 and 50 years. 

For example, the mandatory minimum for a lewd molestation conviction is 25 years. For aggravated sexual battery on victims under 18, the minimum sentence is 108 months (9 years). For capital sexual battery on a child under 12, the minimum prison sentence is life without parole. 

In addition to the mandatory minimums and fines, those convicted of sexual assault must register on the sex offender registry. 

How are child sexual abuse offenders caught? 

Child sexual abuse offenders can be caught through various methods, resources, and agencies. Here are some of the common ways in which offenders are identified and apprehended: 

1. Victim Reports: Many cases come to light when victims or their families report the abuse to law enforcement, child protective services, or other relevant authorities. This might happen immediately after the incident or years later when the victim gains the courage to speak up. 
2. Law Enforcement Investigations: Police departments and specialized units often conduct investigations into reports of child sexual abuse. They gather evidence, interview victims, witnesses, and suspects, and work to build a case against the offender. 
3. Forensic Evidence: In cases where there is physical evidence, such as DNA, photographs, or videos, forensic experts can analyze the evidence to identify and link it to potential offenders. 
4. Digital Evidence: With the prevalence of technology, digital evidence such as electronic communications, internet activity, and files stored on computers or online platforms can play a crucial role in identifying and apprehending offenders involved in online child exploitation. 
5. Tips and Anonymous Reporting: Anonymous tip lines and reporting mechanisms often play a significant role in identifying offenders. These tips can come from concerned individuals who suspect abuse or have information about criminal activity. 
6. Cooperation with Online Platforms: Law enforcement agencies often collaborate with online platforms, social media companies, and technology providers to identify individuals engaging in child exploitation online. 
7. Undercover Operations: Law enforcement agencies sometimes conduct undercover operations, posing as potential victims or offenders to gather evidence and make arrests. 
8. Database Checks: Law enforcement agencies maintain databases of individuals required to register as sex offenders. Routine checks of these databases can lead to the discovery of offenders who fail to comply with registration requirements. 
9. Educational Programs and Awareness: Educational programs that teach children about personal safety and encourage them to report inappropriate behavior can also lead to identifying offenders.

Consult a child sexual abuse lawyer right away if you are facing allegations. Any of these items could point toward you and make you look guilty, even if, for example, you were unaware of child pornographic material on your computer. 

What are some other possible defense strategies if I’m being accused of childhood sexual abuse? 

Defenses in child sexual abuse cases can vary based on the case’s specific circumstances, the evidence available, and the laws in the jurisdiction. It’s important to note that sexual abuse of a child is a serious crime, and defending against such charges requires legal expertise.  

That said, here are some additional possible defenses that might be considered in child sexual abuse cases: 

1. Lack of Evidence: If the prosecution lacks sufficient evidence to prove the allegations beyond a reasonable doubt, your defense may be that there is insufficient credible evidence to support the charges. 
2. Alibi: If the accused can provide evidence that they were not present at the location or time the victim suffered sexual abuse, it could serve as an alibi defense. 
3. Mistaken Identity: In some cases, mistaken identity might be a defense if the alleged victim has identified the wrong person as the offender. 
4. Coerced Confession: If the accused made a confession but claims it was coerced or obtained under duress, the defense may challenge the validity of the confession. 
5. Witness Credibility: The defense may challenge the credibility of witnesses, including the accuser, by presenting evidence of inconsistencies in their statements or possible bias. 
6. Mental State: The defense might argue that the accused had a cognitive impairment that prevented them from understanding the nature of their actions or that they were not in control of their actions at the time of the alleged offense. 

Call Mike G Law to Defend You Against Child Sexual Abuse Claims 

If you are facing a childhood sexual abuse charge, you need an experienced child sexual abuse lawyer like Mike G Law on your side. Don’t wait for the other side to file a criminal case for childhood sexual abuse. Contact our law firm today so Mike G can analyze your child sex abuse case and form the right defense strategy to protect you against excessive criminal charges, jail time, and permanent sex offender registration.